Colma Municipal Code § 5.03.109 State Exempt ADUs and JADUs

(July 2021) Page 7 of 7

CHAPTER FOUR: BUSINESS ACTIVITIES

Subchapter 4.01: Business Registration and Registration Tax

The purpose of this ordinance is to provide for the establishment and levying of registration taxes for the transaction and carrying on of certain businesses, trades, professions, callings and occupations in the Town of Colma. This ordinance is enacted solely to raise revenue for municipal purposes, and is not intended for regulation.

[History: ORD. 281, 1/12/83; ORD. 591, 1/9/02]

For purposes of this ordinance, the following words and phrases shall have the respective meanings shown:

“Business” means professions, trades, occupations and all and every kind of callings carried on for profit or livelihood.

“Do Business” or “Doing Business.” A person or entity shall be deemed to be doing business in the Town of Colma if said person or entity has a fixed place of business in the Town or said person or entity is repeatedly and successively transacting, engaging in, or carrying on any business within the Town other than for a specific job, task or assignment of a limited duration or description. Signs, circulars, cards, telephone listings, newspapers, advertisements, or other representations that a person or entity is in business in the Town shall constitute substantial evidence that said person or entity is doing business with the Town of Colma. The failure of a person or entity to deny by sworn statement given to the Tax Collector or the designated representative thereof that said person or entity is not doing business within the Town, after such statement is requested by the Tax Collector or the designated representative thereof, shall constitute substantial evidence that said person or entity is doing business within the Town of Colma.

“Tax Collector” means the City Clerk or other person designated to fill that position by resolution of the City Council.

“Fixed Place of Business” means the premises occupied in the Town of Colma for the particular purpose of conducting a business thereat and regularly keep open for that purpose.

“Employee” means all persons engaged in the operation, work or conduct of any business, whether as owner, any member of the owner's family, partner, agent, manager, solicitor and any and all other persons employed or working in said business.

[History: ORD. 281, 1/12/83; ORD. 369, 5/11/88; ORD. 591, 1/9/02]

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No person shall transact, engage in, or do any business within the city without first having procured a license from the city to so do and having paid the tax hereinafter prescribed, and having complied with any and all applicable regulations concerning the use and occupancy of the premises from which the business is to be conducted.

[History: ORD. 281, 1/12/83; ORD. 591, 1/9/02]

(a) Interstate Commerce and State Law. Nothing in this ordinance shall be deemed or construed to cast an undue burden upon a person or entity's right to engage in commerce with foreign nations or among several states. Nothing in this ordinance shall be deemed or construed to interfere with other rights protected by the United States Constitution nor shall this ordinance apply in any way to conflict with statutes or regulations of the United States of America or the State of California.

(b) Event Exemptions. The Tax Collector may grant an exemption to fund-raising events, exhibits, entertainment, lectures or meetings held for the exclusive benefit of any association, society or corporation organized and operating for any charitable, religious, educational or scientific purpose.

(c) Categorical Exemptions: Notwithstanding anything to the contrary herein, the following businesses, trades or professions shall be exempt from the provisions of this ordinance and shall not be required to register and pay a business registration tax:

(1) A corporation organized and operating under section 501(c)(3) of the Internal
Revenue Code;

(2) A Vending Vehicle, as that term is defined in section of Section 4.04.010(g) of
the Colma Municipal Code, provided said vending vehicle has fully complied with
Subchapter Four of Chapter Four of this Code and provided further that said vending
vehicle does not operate out of a fixed place of business in the Town of Colma;

(3) Small and large family day care homes, as those terms are defined by Health and
Safety Code section 1596.78, as that section may be amended from time to time;

(4) Taxi cab, provided that the taxi cab is not operating from a fixed place of
business within the Town of Colma.

(d) Exclusions. The following is a non-exclusive list of businesses, trades or professions that are excluded from the provisions of this chapter by virtue of the definition of “doing business,” and shall not be required to register or pay a business registration tax:

Business Registration & Registration Tax Colma Municipal Code (April 2022) Page 4.01-2

(1) Contractors and subcontractors not based in Colma, not soliciting repeated work in Town, and just working on a single, one-time construction project within the Town of Colma;

(2) Instructors and teachers hired by the Town to provide specialized classes or
counseling; and

(3) Any person or entity possessing a franchise granted by the Town.

[History: ORD. 281, 1/12/83; ORD. 591, 1/9/02; ORD. 809, 4/13/22]

(a) How to Register. The owner or operator of each business doing business in the Town of Colma must register with the Town by providing in a sworn statement or declaration under penalty of perjury the following information on a form to be provided by the Tax Collector:

(1) The exact nature or kind of business being registered;

(2) The place where such business is to be carried on and, if the same is not to be
carried on at any permanent place of business, the places of residence of the owners of
same;

(3) In the event the registration is for a person doing business under a fictitious
name, the registration shall set forth the names and places of residence of those owning
said business;

(4) In the event the registration is for a corporation or partnership, the registration
shall set forth the names and places of residence of the officers and partners thereof;

(b) Time to Register. The owner or operator of each business to which this ordinance applies must file a registration statement within thirty days of first becoming covered by this ordinance, and not later than January 31 each year thereafter.

(c) Town to Issue Certificate. Upon receipt of the prescribed registration statement and registration tax, the Tax Collector shall issue to such person a Certificate of Registration which shall contain the following information:

(1) The name of the person or entity to whom the registration is issued;

(2) The business registered;

(3) The place where such business is to be transacted and carried on;

(4) The date of the expiration of such registration; and

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(5) Such other information as may be necessary for the enforcement of the provisions of this chapter.

(d) Posting and Keeping the Certificate of Registration. Each registrant transacting and carrying on business at a fixed place of business in the Town shall keep the Certificate of Registration posted in a conspicuous place upon the premises where such business is carried on.

(e) Display of Certificate. Each registrant transacting and carrying on business but not operating in a fixed place of business in the Town shall keep the Certificate of Registration upon his person at all times while transacting and carrying on the business for which it is issued. When a Certificate of Registration is issued pursuant to this ordinance for a vehicle used to do business within the Town of Colma, said Certificate of Registration shall be kept in or about the said vehicle, when said vehicle is engaged in doing business within the Town.

(f) Tax Payment Due; Delinquent Dates. All registration taxes due hereunder shall be paid in advance, in the lawful money of the United States of America, at the office of the City Clerk of the Town of Colma, and shall be due and payable, and delinquent as follows:

(1) Daily registration, due on its effective date and delinquent at 5:00 p.m. on the due date;

(2) Three-month registration, due on the first day of the period for which the
certificate is sought and delinquent on the fifth (5th) day after the certificate is due;

(3) Annual registration, due on January 1 and delinquent at 5:00 P.M. on January 31
of each year.

(g) Pro-Rated Tax. Where the initial registration is issued other than at the beginning of the calendar year, the amount of the registration tax shall be prorated to March 31 next ensuing; provided, however, that the amount of the registration tax in that case shall be no less than one-half (½) of the amount required for an annual registration applicable to the registrant.

(h) Refunds. In the event the registrant relinquishes its annual Certificate of Registration prior to the end of the period for which a registration tax has been paid and a Certificate of Registration issued, a refund may be made by the Tax Collector. Such refund shall only be made upon submission by the registrant of written statement indicating a relinquishment of the certificate and accompanied by all copies of the certificate and facsimiles thereof issued to him by the Tax Collector. The refund shall include repayment of taxes paid for the period during which the business will not be in operation. A request for refund must be made within the time limits specified in Chapter One, Subchapter 14 of the Colma Municipal Code.

(i) Registration Period. No registration certificate shall be issued for a period of more than twelve (12) months. No annual certificate shall be issued for any period beyond March 31.

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(j) Two or More Businesses at a Location. In the event a person or entity engages in two or more businesses at one location within the Town, each business must be separately registered and must pay a registration tax;

(k) Duplicate Certificate of Registration. A duplicate Certificate of Registration may be issued by the tax collector to replace any Certificate previously issued which has been lost or destroyed, upon the registrant filing a declaration under penalty of perjury attesting to such fact, and at the time of such filing of such declaration paying to the Tax Collector as set forth in the Master Fee Schedule.

(l) Transfer of Certificate of Registration. No Certificate of Registration issued under any provision of this ordinance shall be in any manner transferred or assigned, nor shall such Certificate authorize any person, other than the person named in the Certificate, to carry on the business therein named, or to transact such business in any place other than the place or location therein named, without express approval of the Tax Collector, which approval shall not be unreasonably withheld, and payment of a fee as set forth in the Master Fee Schedule for each assignment or transfer by the person requesting such transfer or assignment.

[History: ORD. 281, 1/12/83; ORD. 591, 1/9/02; ORD. 727, 10/9/13; ORD. 760, 5/25/16; ORD. 793, 5/22/19]

(a) Code Enforcement Officer. The Code Enforcement is hereby required to examine all places of business and persons to ascertain whether or not such places of business and persons have a proper and sufficient Certificate of Registration, and they shall have and exercise the power:

(1) To enter any place of business for which a Certificate of Registration is required
and to demand the exhibition of such certificate for the current term by any person
engaged or employed in the transaction of such business, and a failure to exhibit such
certificate constitutes a violation of this ordinance and shall subject such person to the
penalty herein provided;

(2) To cause complaints to be filed against all persons violating any of the provisions
of this ordinance;

(3) To report to the Tax Collector all persons carrying on business who are not
registered pursuant to the provisions of this ordinance.

(b) Delinquent Taxes. To all delinquent taxes there shall be added a penalty as follows:

If the tax is paid then the penalty will be:
between 0 and 30 days after it is due, $25;

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between 31 and 60 days after it is due, $50; between 61 and 90 days after it is due, $100; between 91 and 120 days after it is due, $200; between 121 and 150 days after it is due $400; between 151 and 180 days after it is due $800; or more than 180 days after it is due $1,000.

(c) Tax and Penalty a Debt. The amount of any registration tax and penalty imposed by the provisions of this ordinance shall be deemed a debt to the Town of Colma, and any person carrying on any business without first having procured a Certificate of Registration from the Town to do so shall be liable to an action in the name of the Town in any court of competent jurisdiction for the amount of the registration tax and penalties imposed upon such business.

(d) Mistake. In no case shall any mistake made by the Town in stating the amount of a registration tax prevent or prejudice the collection by the Town of what shall be actually due from anyone carrying on a business subject to a registration tax under this ordinance.

(e) Misdemeanor. Any person who carries on a trade, calling, business, profession or occupation specified in this ordinance without Certificate of Registration as required shall be deemed guilty of a misdemeanor, which shall be punishable as set forth in section 1.05.010 et seq.

(f) Violation a Nuisance. Violations of any of the provisions of this ordinance are hereby declared to be a public nuisance.

[History: ORD. 281, 1/12/83; ORD. 591, 1/9/02, ORD. 643, 4/12/06; ORD. 727, 10/9/13]

All persons or entities doing business in the Town of Colma must pay, at the time of registration, the Business Registration Tax below. Any dispute regarding the applicable categories shall be resolved by the Tax Collector with said decision being subject to appeal as set forth in section 4.01.070.

(a) Christmas Tree Lots shall pay a tax of $10 for up to three months per year;

(b) All other business shall pay a tax of $25 per year.

[History: ORD. 281, 1/12/83; ORD. 591, 1/9/02]

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Any decision made by the Tax Collector with respect to this ordinance may be appealed by any interested party to the city council in accordance with the procedures set forth in section 1.02.140 of the Colma Municipal Code.

(a) Classification by Tax Collector. The Tax Collector shall review all applications for business s registration submitted by applicants for business s registration. If the Tax Collector determines that information is inaccurate, the Tax Collector shall notify the applicant in writing of the Tax Collector's determination and intention to amend the application in accordance with the determination made.

(b) Application. Any person or entity claiming to be entitled to exemption from payment of any of the d registration fees provided for in this ordinance shall file a verified statement with the Tax Collector, disclosing the character of the business which gives rise to such exemption. Such statement shall contain the name and location of the company or firm which is entitled to the exemption, the name of the nearest local or state manager, if any, and his address, the kind of goods, merchandise or services to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the State of California, the method of delivery, the name and location of the residence of applicant and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract, form or other papers used by such person in taking orders shall be attached to the application for the information of the Tax Collector. The person or entity claiming the exemption shall provide additional information in support of its claim upon request of the Tax Collector.

(c) Opportunity to Respond. If the applicant disputes the Tax Collector's determination, the applicant must submit, within ten (10) days of receipt of the written notice of determination by the Tax Collector, a written objection to the Tax Collector's determination. Upon receipt of such written objection, the Tax Collector shall consider the merits of the applicant's objection. If the Tax Collector does not receive a written objection within said ten-day period, the determination shall become final and binding on the applicant.

(d) Notice of Final Determination. Within five (5) days after receipt of the applicant's written objection, the Tax Collector shall notify the applicant, in writing, whether or not the Tax Collector's intended determination is final.

(e) Appeal. If the applicant filed a written objection within the time limit set forth above and objects to the Tax Collector's final determination, the applicant may appeal the final determination to the City Council by filing a notice of appeal within twenty (20) days after receiving notice of the Tax Collector's final determination. This notice of appeal shall set forth the merits of the applicant's position.

(f) Hearing. Upon receipt of the applicant's notice of appeal, the City Council shall set the appeal for hearing on a date not later than thirty (30) days after said notice of appeal was filed. At said hearing the City Council shall hear evidence presented by the applicant supporting its

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position. The City Council shall promulgate rules and regulations controlling the procedure of said hearing.

(g) Appeal from Determination of Tax Due. Within thirty (30) days after the receipt of a determination by the Tax Collector that a specific amount of tax is due and owing, the taxpayer may appeal the Tax Collector's determination. This appeal shall be made by filing a notice of appeal with the City Council within thirty (30) days after the receipt of the determination of the tax due. Within thirty (30) days of receipt of such notice of appeal, the City Council shall set the matter for hearing at which time the Council shall hear evidence in support of the taxpayer's position in accordance with rules and regulations promulgated to control procedure of such a hearing.

[History: ORD. 281, 1/12/83; ORD. 521, 12/10/97; ORD.591, 1/9/02]

(a) A person required to pay a business tax under this ordinance shall not be relieved from the payment of any tax for the privilege of doing such business required under any other provision of the Colma Municipal Code.

(b) A person or entity required to register under this ordinance shall remain subject to the regulatory provisions of other provisions of the Colma Municipal Code, including but not limited to all zoning and land use regulations.

(c) A gambling establishment shall be required to register with the Tax Collector in accordance with the terms of this ordinance, but in lieu of the registration tax imposed herein, the gambling establishment shall pay the taxes set forth in the Cardroom Ordinance (Subchapter 9 of Chapter 4 of the Colma Municipal Code). A gambling establishment shall continue to be subject to regulations specified in the Cardroom Ordinance, (Subchapter 9 of Chapter 4 of the Colma Municipal Code).

[History: ORD. 281, 1/12/83; ORD. 591, 1/9/02]

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CHAPTER FOUR: BUSINESS ACTIVITIES

Subchapter 4.02: Regulation and Prohibition of Certain Business Activities

The purpose of this subchapter is to regulate the conduct of door-to-door peddling and soliciting in order to protect the residents of the Town from fraudulent, irresponsible or criminal conduct of persons posing as door-to-door peddlers and solicitors and to provide for the free and uninhibited flow of foot traffic on public sidewalks and vehicular traffic on public streets as well as to protect the property rights of owners and lessees of private property.

[History: formerly § 4.201; ORD. 369, 05/11/88; ORD. 638, 12/14/05]

(a) Peddler. For purposes of this subchapter, peddler means any person not having a regularly established place of business in the Town of Colma who travels from house to house within the Town of Colma selling or offering for sale any goods, wares or merchandise in his possession.

(b) Solicitor. For purposes of this subchapter, the term solicitor means any person not having a regularly established place of business in the Town of Colma who travels from house to house, or place to place, within the Town of Colma selling or taking orders for, or offering to sell or take orders for goods, wares, merchandise, advertising, services or any other thing of value for future delivery.

(c) Reserved.

(d) Fixed Place of Business. For purposes of this subchapter, fixed place of business shall mean the premises occupied in the Town of Colma for the particular purpose of conducting a business thereat and regularly kept open for that purpose.

[History: formerly § 4.202; ORD. 369, 05/11/88; ORD. 638, 12/14/05; ORD. 792, 5/8/19]

It shall be unlawful for any person to do business as a peddler or solicitor without having first registered with the Chief of Police. In registering with the Chief of Police, the peddler or solicitor shall provide the following information which shall be subject to verification:

(a) Name, address and telephone number of the solicitor or peddler;

(b) Name, address and telephone number of the employer or sponsor of the solicitor;

(c) An identification of the goods, wares, merchandise, advertising or services to be offered for sale;

(d) The date or dates that the peddling or soliciting will be undertaken;

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(e) The areas of the Town where the peddling or soliciting will be undertaken.

[History: formerly § 4.203 ; ORD. 369, 05/11/88; ORD. 638, 12/14/05]

[History: formerly § 4.204; ORD. 369, 05/11/88; ORD. 638, 12/14/05; ORD. 792, 5/8/19]

(a) This subchapter shall not apply to a vending vehicle as that term is defined in subsection (g) of Section 4.04.010 of the Colma Municipal Code, provided said vending vehicle has fully complied with Subchapter Four of Chapter Four of this Code.

(b) This subchapter shall not apply to persons who are acting as volunteers for the exclusive benefit of any church, religious society, non-profit educational organization or benevolent society, or for any other charitable purpose.

[History: formerly § 4.205; ORD. 369, 05/11/88; ORD. 638, 12/14/05]

Any person violating any of the provisions of this subchapter shall be guilty of a misdemeanor, which shall be punishable as set forth in section 1.05.010 et seq.

[History: formerly § 4.206; ORD. 369, 05/11/88; ORD. 638, 12/14/05, ORD. 643, 4/12/06]

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CHAPTER FOUR: BUSINESS ACTIVITIES

Subchapter 4.03: Regulation of the Sale and Distribution of Milk and Cream for Human Consumption

The following definitions shall apply in the interpretation and enforcement of this Subchapter Three.

(a) AgriculturalCode is Division 15, Parts 1, 2 and 3, inclusive, of the Agricultural Code of the State of California.

(b) California Administrative Code is Subchapter 1, Chapter 2, Title 3, of the California Administrative Code of the State of California.

(c) Marketmilk means milk which is supplied to the consumer in the natural fluid state, or which is prepared for human consumption without being converted into any other form or pro- duct. Except as otherwise provided in Para. 35811 of the Agricultural Code, market milk includes marketcream.

(d) Pasteurized means that the milk or milk product has been subjected to a process which is described in Chapter 8 (commencing with Para. 34001) of Part 1, Division 15, of the Agricultural Code of the State of California or other process which has been demonstrated to be equally efficient and has been approved by the Division of Agriculture of the State of California.

(e) Sellincludes offerforsale,exposeforsale,exchange,trade,distributeor barter.

[History: formerly § 4.301; ORD. 296, 4/11/84; ORD. 638, 12/14/05]

It shall be unlawful for any person to sell, offer for sale, distribute, or possess with intent to sell or distribute, any market milk for human consumption, unless such market milk conforms to the standards and requirements for market milk of Chapter 2 (commencing with Para. 35751) Part 2, Division 15, of the Agricultural Code, and the requirements of the California Administrative Code, and unless it has been pasteurized.

[History: formerly § 4.302; ORD. 296, 4/11/84; ORD. 638, 12/14/05]

Any person violating any of the provisions of this subchapter shall be guilty of a misdemeanor, which shall be punishable as set forth in section 1.05.010 et seq.

[History: formerly § 4.303; ORD. 296, 4/11/84; ORD. 638, 12/14/05, ORD. 643, 4/12/06]

If any section, subsection, sentence, clause or phrase of this Subchapter Three is for any

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reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Subchapter Three. The Council hereby declares that it would have adopted Subchapter Three and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

[History: formerly §.4.304; ORD. 296, 4/11/84; ORD. 638, 12/14/05]

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CHAPTER FOUR: BUSINESS ACTIVITIES

Subchapter 4.04: Regulation of Food Establishments, Issuance of Permits, Fees and Penalties

(a) The Town of Colma enacts this subchapter regulating signs to preserve the character of Colma as a city of memorial parks and cemeteries, to preserve the Town’s scenic corridors, to safeguard and enhance property values in the Town’s “G”, “R”, “C”, “P”, “E”, and “PD” zones, to reduce visual clutte r, to protect the Town’s natural beauty, to encourage sound planning practices, to ensure the tranquility and peace of mind of visitors to Colma’s cemeteries, and to preserve and enhance the aesthetic, traffic safety and environmental values of the Town.

(b) At the same time, it is the Town’s intent to provide for channels of communication to the public and to regulate on the basis of characteristic and proportion of signage.

(c) The Town fin ds as to commercial signage that it is in the interest of both aesthetics and traffic safety that sign information is kept to a minimum. The use of subordinate information in commercial signage, such as telephone numbers, lists of products, pictures of products, etc., is discouraged, but may be permitte d. Where subordinate information exists on commercial signage, the name or use of the business shall be the dominant message on the sign. Subordinate information on commercial signage which presents as a traffic hazard will not be allowed. Noncommercial signage, which rights are constitutionally broader, is permitte d unless expressly prohibited within this chapter.

[History: formerly § 4.701; ORD. 365, 2/10/88; ORD. 387, 3/8/89; ORD. 560, 9/8/1999; ORD. 638, 12/14/05]

The following defin itions shall apply to this Article.

(a) “Antennae sleeve fla g” means a fla g made out of fabric or plastic attached to a sleeve or tube which is placed over the antennae of an automobile as a means of drawing atte ntion to the vehicle.

(b) “Area of a Sign” means the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to diffe rentiate such sign from the background against which it is placed; excluding the necessary support or uprights on which such sign is placed but including any sign tower. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

(c) “Atta ched to a Building” means supported, in whole or in part, by a building.

(d) “Balloon” means any object enlarged or infla ted by less than five cubic feet of air or gases.

(e) “Banner” means any sign constructed of fabric or sheeting that is mounted between two poles or attached to a structure by two or more edges and intended to be displayed for a limited time (less than 60 consecutive days).

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(f) “Changeable” means any sign, banner, bunting or infla table that is used for a short term sales promotion and not intended for permanent display.

(g) “Commercial Sign” means any sign with wording, logo or other representation that directly or indirectly names, advertises or calls atte ntion to a product or service for purchase or sale, or to any business or organization that is engaged in, or plans to engage in, the sale or purchase of a product or service.

(h) “Cutout Letter Sign” means a fascia sign consisting of individual cutout lette rs separately attached to the building wall.

(i) “Directly Illuminated Sign” means a sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light inside or on the sign.

(j) “Flag String” means a series of cut pieces of cloth, plastic or other material strung together and mounted between two poles or attached to a structure by two or more edges and intended to be displayed for a limited time (less than 60 consecutive days).

(k) “Height of a Sign” means the vertical distance from the uppermost point used in measuring the area of a sign, as defin ed in Section 4.07.020(b), to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street, alley or highway (other than a structurally elevated roadway), whichever measurement permits the greater elevation of the sign.

(l) “Indirectly Illuminated Sign” means a sign illuminated with a light directed primarily toward it and so shielded that no direct rays from the light are visible elsewhere than on the parcel where the sign is located. If not effe ctively so shielded, such sign shall be deemed to be a directly illuminated sign.

(m) “Infla table” means any shaped object enlarged or infla ted by more than five cubic feet of air or gases.

(n) “Monument Sign” means any sign the bottom edge of which lies on the ground. A wood supported or wood framed sign which, to avoid soil contact, retains a clearance from the ground of no more than six inch clearance.

(o) “Non-commercial Sign” means any sign that is not a commercial sign.

(p) “Non-Illuminated Sign” means any sign which is not artificially illuminated, either directly or indirectly.

(q) “Off- Site Sign” means any sign which directs atte ntion to a business, commodity, industry or other activity which is sold, offe red or conducted by elsewhere than on the premises where the sign is located, or which is sold, offe red or conducted on such premises only incidentally if at all.

(r) "On-Site Sign” means any sign which directs atte ntion to a business, commodity, service, industry or other activity which is sold, offe red, or conducted, other than incidentally, on the premises upon which such sign is located or to which it is affixed. Where a number of commodities with diffe rent brand names or symbols are sold on the premises, up to 1/3 of the area of an on-site sign, up to 25 square feet, may be devoted to the advertising of one or more of those commodities by brand name or symbol as an accessory function of the on-site sign, and provided also that any limits which may be imposed by this Code on the area of individual signs and the area of all signs on the property are not exceeded. On-site signs shall also include signs which present a non-commercial message.

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(s) "Outdoor decorations" means pennants, banners, streamers, ribbons or similar displays used to create a festive atmosphere.

(t) "Pole Sign" mean any sign, no part of which is supported by a building. The sign support shall consist of a pole or sign tower. Regulations for pole signs shall not apply to monument signs.

(u) "Projection" means the horizontal distance by which the farthest point used in measuring the area of a sign, as defin ed in section 4.07.020(b), extends beyond a street property line or a building setback line. A sign placed fla t against the wall of a building parallel to a street or alley shall not be deemed to project for purposes of this defin ition. A sign on an awning or canopy shall be deemed to project to the extent that such sign extends beyond a street property line or a building setback line.

(v) "Prominent Display Vehicles" means vehicles positioned on platforms, scissor ramps, in a showroom or area of high street visibility in order to attract customers.

(w) “Real Estate Sign” means a temporary sign that advertises a building, property, premises, or a portion thereof, offe red for sale, rent or lease, and may provide information such as the agent's name, the location of the sales offic e.

(x) "Sale or Lease Sign" means any sign which serves only to communicate the availability for sale, lease or rental the lot or building on which it is placed, or some part thereof.

(y) "Sign" means any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected or represented on any land or right-of-way, or on the outside of any building or structure, including an awning, canopy, marquee or similar appendage, or affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, lette r, word, model, banner, emblem, insignia, symbol, device, light, trademark or other representation used as, or in the nature of, any announcement, advertisement, atte ntion-arrester, direction, warning or designation, by or of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry. A “sign” is composed of those elements included in the area of the sign as defin ed in section 4.07.020(b) of this Code, and in addition the supports, uprights and framework of the display. Except in the case of off-site signs, two or more faces shall be deemed to be a single sign if such faces are contiguous on the same plane, or are placed back-to- back to form a single structure and are at no point more than two feet from one another.

(z) "Sign Field" means the background to which the sign message is contrasted.

(aa) "Sign Permit" means a permit issued pursuant to section 4.07.040 to permit applicable signs.

(bb) "Sign Program" means a plan describing overall sign location, type, design, lette ring, placement, materials and size standards on a development site or for an entire property or series of properties.

(cc) "Sign Tower" means any tower, whether attached to a building, free-standing, or an integral part of a building, which has a sign attached thereto.

(dd) "Street Property Line", for purposes of this subchapter only, means any line separating private property from either a street or an alley.

(ee) "Temporary Non-commercial Sign" means any temporary sign with a noncommercial message.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-3

(ff) "Temporary Sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, that is not designed or intended to be placed permanently.

(gg) “Under Canopy Sign” means any sign attached under a canopy or soffit of a building so located as to be viewed by pedestrians using the sidewalk fronting the premises.

(hh) "Vehicle Price Sign" means any sign painted or affixed to the inside or outside of window of a vehicle advertising the price or features only.

(ii) “Wall Sign” means a sign attached flush to the exterior wall of a building so that copy is meant to be viewed along sight lines perpendicular to the wall of the building.

(jj) “Wind Sign” means any sign composed of two or more banners, fla gs, or other objects, mounted serially and fastened in such a manner as to move upon being subjected to pressure by wind or breeze.

(kk) “Window Sign” means any sign painted or affixed to the inside or outside of a building window.

[History: formerly § 4.702; ORD. 365, 2/10/88; ORD. 387, 3/08/89; ORD. 466, 5/11/94; ORD, 638, 12/14/05, ORD. 649, 7/12/06; ORD 651, 9/26/06; ORD 759, 5/25/16]

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-4

The following illustrations are the sign types permitte d by this subchapter.

Wall Sign Under Canopy Sign

Cutout Lette r Sign Window Sign

Maximum
ground
clearance of six
(6) inches.

Pole Sign Monument Sign

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-5

When a sign permit is required under the provisions of this chapter, the application shall include the following:

(a) A completed application form which may be obtained from the Department of Planning and Building;

(b) The application fee as established by resolution of the City Council;

(c) The signed consent of the owner on whose property the sign is to be mounted;

(d) Vicinity Map;

(e) Site Plan;

(f) Site Photographs;

(g) A brief description of the work to be done and the sign(s) to be installed including:

1. number of signs proposed and sign types,

2. total proposed sign area (in square feet),

3. proposed sign material(s),

4. proposed lette r style,

5. proposed sign colors,

6. sign shape,

7. whether or not the sign is illuminated and if so, type of illumination (internal illumination,

back-lit illumination, front-lit lette r illumination, logo box illumination, etc.) , and

8. proposed sign installation method (screw mount, hang mount, backer mount, freestanding sign

mount, post mount, stud mount, etc.),

(h) Photograph(s) of where the sign will be located for all sign types (wall sign, monument sign, awning sign, pole sign, etc.);

(i) Scaled drawing of the sign, project site and applicable building elevations showing the precise location of the sign, and including such designation of the copy as is needed to determine the location, area, and other provisions of this code are met;

(j) Proposed sign color and material sample;

(k) If the proposed sign is a wall sign and is mounted on a building face, show the dimensional height of the building and width for the elevation, and the dimensional height of the lette rs and total copy (height by width) on the sign. The wall sign shall be drawn to scale and the scale provided on the drawing;

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-6

(l) If the proposed sign is a monument sign, show the dimensional height and width of the monument sign and its base drawn to scale, the dimensional height of the lette rs and total copy (height by width) on the monument sign, and the location with respect to the street and adjacent buildings. The monument sign shall be drawn to scale and the scale provided on the drawing; and

(m) A statement with the estimated cost of the materials and labor to manufacture and install the sign.

(n) Such other information as the City Planner or designee may require to secure compliance with this chapter.

Permits for existing pole and roof signs shall be issued in accordance with the standards set forth in section 4.07.230.

(a) An application for a sign permit shall be made on the Town of Colma Project Application form and be submitte d to the Planning Department, along with the information specifie d in Section 4.07.030 and an application fee which shall be established from time to time by resolution of the City Council of the Town of Colma.

(b) The application shall be reviewed by the Zoning Administrator or designee for completeness. The Zoning Administrator shall notify the applicant when the application is complete.

(c) Notice of the complete application shall be posted on the three offic ial bulletin boards of the Town by the City Clerk for not less than ten (10) days prior to the Zoning Administrator’s decision to approve or deny the application. The notice shall describe the application and give the date and time at which the matte r will be decided by the Zoning Administrator.

(d) Sign Permit Findings. Findings pursuant to section 4.07.050 shall be made by the Zoning Administrator prior to the issuance of a sign permit.

(e) The Zoning Administrator shall condition any sign permit for pole signs and roof signs, and may condition any sign permit for other signs upon the applicant’s agreement to remove the sign at applicant’s cost upon expiration of the sign permit or any extension thereof. In granting a sign permit, the Zoning Administrator may also impose such conditions as are deemed necessary and desirable to protect the public health, safety and welfare in accordance with the purposes and intent of the General Plan and this subchapter.

(f) A decision of the Zoning Administrator to grant or deny a Sign Permit may be appealed by any interested party to the City Council in accordance with the procedures set forth in section 1.02.140 of the Colma Municipal Code.

(g) The Zoning Administrator shall also act to approve or deny signs in those cases where approval of signs by the City Council is required by condition of any Use Permit adopted prior to June 12, 1994.

[History: formerly §4.720, ORD. 466, 5/11/94; ORD. 514, 7/9/97; ORD. 521, 12/10/97; ORD. 524, 1/14/98; ORD. 638, 12/14/05; ORD. 706, 3/14/12]

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-7

(a) Sign Permit Findings. The Zoning Administrator shall approve a sign permit only if the following fin dings are made:

1) The sign is consistent with the provisions of the General Plan of the Town of Colma.

2) The granting of the sign permit will not be detrimental to the public health, safety or
public welfare, or materially injurious to properties or improvements in the vicinity.

3) Existing property uses, large or small, will not be detrimentally affe cted by the proposed
sign.

4) The granting of the sign permit will not constitute a grant of special privilege inconsistent
with the limitations imposed by this subchapter on the existing use of properties, large
or small, within the Town of Colma.

5) The sign will not constitute a nuisance as to neighboring persons or properties.

The table below provides a summary of the sign regulations for zoning districts, including the zone district, land use permitte d within the zone, sign type, maximum number of signs, sign dimension maximum, illumination permitte d, and special requirements.

Table: Sign Regulations for Zoning Districts

Zone District Land Use Sign Type Maximum Sign Illumination Special Permitted Number of Dimension Permitted Requirements Within the Signs Maximum Zone

“G” – Golf and Any. Monument. One (1) on- Height: 6 Indirect Sign Permit required. Cemetery. site for each feet. illumination May not obstruct sight street only. Length: 15 lines for motorists, frontage. feet. bicyclists, or pedestrians.

Atta ched to One (1) on- Height may Indirect Sign Permit required.
Building. site (includes not extend illumination
May not project more Fascia Sign). above the only.
than 3 feet from the atta ched
atta ched building; building roof
except awning/ canopy line.
sign may extend the
Area: 100 full length of the
square feet. awning/ canopy, but
not beyond the street
property line.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-8

Zone District Land Use Sign Type Maximum Sign Illumination Special Permitted Number of Dimension Permitted Requirements Within the Signs Maximum Zone

Fascia. One (1) on- Height: 24 Indirect Sign Permit required. site. inches. illumination only. Length limited to 25% of width of the atta ched building face.

Other on-site No No No restriction. Sign Permit required.
cemetery restriction. restriction.
May not be moving, identific ation.
rotating, or animated.

Pruned/ No No Not permitted. Sign Permit required.
cultivated restriction. restriction.
plants.

Roof. Prohibited.

Moving, Prohibited.
rotating, or
animated.

Pole. Prohibited (except as may be allowed per Section 4.07.070(a)(4)).

Painted No No Not permitted. Sign Permit required.
directly on restriction. restriction.
wall, window,
or door.

“R” – Conditionally Non- One (1) on- Height: 10 Indirect Sign Permit required Residential. Permitted. commercial. site for each feet. illumination for conditionally street only. permitted uses. Area: 6 frontage. square feet. Prohibited for single family residential properties.

Roof. Prohibited.

Moving, Prohibited. rotating, or animated.

Pole. Prohibited.

Single Family All types. Prohibited except for a real estate sign advertising the sale or rental of the
Residence. residence.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-9

Zone District Land Use Sign Type Maximum Sign Illumination Special Permitted Number of Dimension Permitted Requirements Within the Signs Maximum Zone

“C” – Any except Atta ched to No Height may Indirect Sign Permit required. Commercial. Shopping Building. restriction. nt extend or illumination Center or be located only as viewed Automobile above the from El Service atta ched Camino Real. Station. building Otherwise, no roofli ne. restriction.

Fascia. No Height: 36 Indirect Sign Permit required.
restriction. inches for illumination
buildings up only as viewed
to 10,000 from El
square feet; Camino Real.
48 inches for
Otherwise, no buildings
restriction. more than
10,000 square
feet.

Length
limited to
75% of width
of the
atta ched
building face.

Under No Height: 18 Indirect
Canopy. restriction. inches. illumination
only as viewed
Length: 3 from El
feet. Camino Real.

Otherwise, no
restriction.

Monument. One (1) on- Height: 6 Indirect Sign Permit required. site; except feet. illumination May not obstruct sight parcels with only as viewed Length: 15 lines for motorists, multiple from El feet. bicyclists, or automobile Camino Real. pedestrians franchises Otherwise, no may contain restriction. one (1) per franchise located at least 75 feet apart.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-10

Zone District Land Use Sign Type Maximum Sign Illumination Special Permitted Number of Dimension Permitted Requirements Within the Signs Maximum Zone

Pole for One (1) on- Height: 36 Indirect Sign Permit required. freestanding site; except feet. illumination non- parcels with only as viewed Area: 300 automobile multiple from El square feet. service automobile Camino Real. business on a franchises Otherwise, no commercial may contain restriction. lot (not in a one (1) per shopping franchise center). located at least 75 feet apart.

Shopping Pole. Determined 75 feet in Indirect Sign Program required
Center. by Sign height; illumination for Shopping Center.
Program. except may only as viewed
be increased from El
to 103 feet in Camino Real.
height where
Otherwise, no required by
restriction. visual
obstructions. Determined by
Sign Program.
Other. Determined Determined
by Sign by Sign
Program. Program.

Automobile Oil Company. Two (2) on- Pole height: Indirect Sign Permit required.
Service site. 36 feet. illumination
Station. only as viewed
Atta ched to from El
Building: Camino Real.
Height may
not extend or Otherwise, no
be located restriction.
above the
atta ched
building
roofli ne.

Total Area:
180 square
feet (not to
exceed 80
square feet
within 10 feet
of the street
property
line).

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-11

Zone District Land Use Sign Type Maximum Sign Illumination Special Permitted Number of Dimension Permitted Requirements Within the Signs Maximum Zone

Business. No Atta ched to Indirect Sign Permit required. restriction. Building: illumination Height may only as viewed not extend or from El be located Camino Real. above the Otherwise, no atta ched restriction. building roofli ne.

Area: 30
square feet
per sign; 180
square feet
total.

Any. Temporary One (1) on- Height: 4 Not permitted. Sign Permit required.
Banner (other site. feet.
May be displayed for than
Length up to thirty (30) days Automobile
limited to per calendar year. Sales
75% of width Business).
of the
atta ched
building face.

Roof. Prohibited.

Moving, Prohibited; except rotating barber poles and time/ temperature indicators.
rotating, or
animated.

Painted No No Indirect Sign Permit required if directly on restriction. restriction. illumination exceeds 100 square wall, window, only as viewed feet in area. or door. from El Otherwise, no Sign Camino Real. Permit required. Otherwise, no restriction.

“P” – Public. Any. No restriction. No No No restriction. Sign Permit required. restriction. restriction.

“E” – Executive, Cemetery, Same as in ‘G’ Same as in Same as in Same as in ‘G’ Same as in ‘G’ zone. Administrative. memorial zone. ‘G’ zone. ‘G’ zone. zone. park, floricultural or agricultural.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-12

Zone District Land Use Sign Type Maximum Sign Illumination Special Permitted Number of Dimension Permitted Requirements Within the Signs Maximum Zone

Medical Monument. One (1) on- Height: 6 Indirect Sign Permit required.
Service Offic es site. feet. illumination
May not obstruct sight and only.
Length: 10 lines for motorists, Professional
feet. bicyclists, or Business
pedestrians. Offic es

Fascia. One (1) on- Height: 24 Indirect Sign Permit required.
site. inches. illumination
only.
Length
limited to
25% of width
of the
atta ched
building face.

Any. Under One (1) on- Height: 18 Indirect Sign Permit required.
Canopy. site per inches. illumination
business. only.
Length: 3
feet.

Roof. Prohibited.

Moving, Prohibited.
rotating, or
animated.

Pole. Prohibited.

Painted No No Indirect Sign Permit required.
directly on restriction. restriction. illumination
wall, window, only.
or door.

“PD” – Planned Any. Any located Area: 200 No No restriction. Sign Permit required. Development within 660 square feet. restriction. feet of I-280.

Any located No No No restriction. Sign Permit required.
660 feet or restriction. restriction.
more from
I-280.

Roof. Prohibited.

Moving, Prohibited.
rotating, or
animated.

Pole. Prohibited.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-13

Zone District Land Use Sign Type Maximum Sign Illumination Special Permitted Number of Dimension Permitted Requirements Within the Signs Maximum Zone

Painted No No Indirect Sign Permit required.
directly on restriction. restriction. illumination
wall, window, only.
or door.

“R-S” – Any. All types. Prohibited except for a real estate sign advertising the sale or rental of the Neighborhood residence. Residential

(a) The following signs, subject to a sign permit, may be permitte d in the G zone:

1) One (1) on-site monument sign for each street frontage of a parcel. The monument sign
may be indirectly illuminated or non-illuminated. The height of permitte d monument
signs shall not exceed six (6) feet, and the length shall not exceed 15 feet. Monument
signs shall be located so as not to obscure sight lines for motorists, bicyclists or
pedestrians;

2) One (1) on-site sign attached to a building, indirectly or non-illuminated, with a sign area
of 100 square feet or less. On-site signs attached to buildings shall not project more than
three feet, except that awning or canopy signs may extend the full length of the awning
or canopy, but no further than the street property line.

3) One (1) on-site fascia sign limited in length to a distance equal to 25% of the width of the
building face on which it is placed, and in height to 24 inches.

4) On-site signs, other than billboards, identifying a cemetery. Because of the special
cemetery nature of the Town of Colma, as well as the “G” Zone being specific to
cemeteries, said signs shall be without restrictions as to size, pole, illumination, or
number, or as to devices giving times or temperatures; provided, however, that said signs
shall be designed and constructed pursuant to design review and approval by the
Planning Department of the Town of Colma.

(b) Subject to the exemptions set forth in section 4.07.190, the following signs shall be prohibited in the G Zone:

1) Off-site signs;

2) Roof signs;

3) Wind signs or any sign with a moving, rotating, or otherwise animated part, or any
fla shing, blinking, fluctuating or other animated light; and

4) Pole signs, except as otherwise permitte d by subsection 4.07.070(a)(4).

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-14

[History: formerly § 4.7.12; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 400, 08/09/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05; ORD 759, 5/25/16]

(a) The following signs, subject to a sign permit, may be allowed for conditionally permitte d uses in the R Zone:

1. One (1) non-illuminated sign for each street frontage of the lot, not exceeding a height of ten (10)

feet, with an area not exceeding six (6) square feet.

(b) The following signs shall be prohibited in the R Zone:

1) Off-site signs;

2) Roof signs;

3) Wind signs, or any sign with a moving, rotating, or otherwise animated part, or any
fla shing, blinking, fluctuating or other animated light;

4) Pole signs.

(c) No signs shall be permitte d on property used exclusively for single family residential purposes, except one (1) sale or lease sign per parcel as required by state law, and street number signs for public safety purposes.

[History: formerly § 4.713; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

Sign permits shall be required for all signs in C Zones, other than those signs exempted by sections 4.07.190 and 4.07.200. Subsection (f)(1) and (2) below shall not apply to signs in shopping centers with an approved Sign Program as specifie d in Section 4.07.120 All other signs in the C Zone shall be subject to the following provisions, conditions, and prohibitions:

(a) Illumination. Any sign may be illuminated or non-illuminated, except signs intended to be viewed from El Camino Real, where illuminated signs are prohibited.

a. Height and Extension Above Roof-line.

i. No fascia sign or other sign attached to a building shall extend or be located

above the roof-line of the building to which it is attached.

ii. Pole signs (freestanding commercial businesses on individual lots). The maximum

height for pole signs for commercial businesses not part of a shopping center shall be 36 feet.

iii. No single pole sign may have a sign area greater than 300 square feet. For

shopping centers, please see Section 4.07.120 and subsection i below.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-15

iv. Pole signs (shopping centers). pole sign height and area in shopping centers are regulated in Section 4.07.120and by an approved Sign Program for the shopping center. Pole signs shall not exceed 75 feet in height, except where special topographic factors require a taller sign, in which case the pole sign may be as tall as 103 feet. If additional height above 103 feet is required to compensate for distance or diffe rence in elevation from primary viewing angles to overcome obstructions to visibility (wires, poles, trees, conforming signs or other property) a comprehensive visual analysis, including visual simulations and necessary environmental review shall be required prior to City Council consideration of a new or amended sign program.

b. Total Sign Area.

i. The total area of all signs on a single parcel shall not exceed two (2) square feet

for each linear foot of street frontage.

ii. Properties with multiple frontages shall calculate signage separately for each

frontage.

iii. The overall length of a fascia sign shall not exceed 75% of the width of the

building wall on which it is attached. The height of fascia signs shall not exceed 36 inches for buildings up to 10,000 square feet, or 48 inches for buildings larger than 10,000 square feet.

iv. Under canopy signs may be any shape but may not exceed three (3) feet in length or 18 inches in height.

c. Monument Signs. Monument signs shall not be taller than six (6) feet, and shall not be longer than 15 feet. Monument signs shall be placed so as to not obstruct sight lines for motorists, pedestrians or bicyclists.

d. Number of Signs. No parcel shall have more than one (1) pole sign or more than one (1) monument sign; provided, however, that an automobile dealership having more than one distinct franchise on a single parcel shall be entitled to one (1) free-standing sign and one (1) monument sign for each such distinct franchise, subject to the further condition that pole signs on the same parcel be at least 75 feet apart.

The following signs are prohibited in the C Zone:

(a) Off-Site Signs.

(b) Roof Signs.

(c) Wind Signs.

(d) Moving Parts. No sign shall have or consist of any moving, rotating, or otherwise physically animated part or lights that give the appearance of animation by fla shing, blinking or fluctuating, except as follows:

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-16

i. Moving or rotating or otherwise physically animated parts may be used for the rotation of barber poles and the indication of time of day and temperature.

For automobile service stations, only the following signs may be permitte d, subject to the standards in this section and to all other standards in this section 4.07.090..

(a) A maximum of two (2) oil-company signs, which shall not extend above the roof-line if attached to a building, or exceed the maximum height permitte d for pole signs in the C zone if freestanding.

(b) The total area of any such signs shall not exceed 180 square feet, and along each street frontage all parts of such a sign or signs that are within ten (10) feet of the street property line shall not exceed 80 square feet in area.

(c) No such sign shall project beyond any street property line or building setback line. The areas of other permanent and temporary signs as covered in paragraph (d) below shall not be included in the calculation of the areas specifie d in this paragraph.

(d) Other permanent and temporary business signs, not to exceed 30 square feet in area for each such sign or a total of 180 square feet for all such signs on the premises. No such sign shall extend above the roof-line if attached to a building, or in any case project beyond any street property line or building setback line.

(a) Sign Program. Due to the unique sign and advertising requirements of shopping centers, including multiple tenants with limited visibility from public streets, the Town of Colma requires the approval of a Sign Program. The Sign Program will balance the need for patrons to easily locate tenants within the shopping center with appropriately sized signs that are in scale with the buildings in the center and consistent with signage of businesses in the immediate vicinity of the shopping center.

(b) The Sign Program shall identify the following for signs in the shopping center:

(1) Type, size and locations of all signs, existing and proposed.

(2)

(3) At the time plans for a shopping center are reviewed by the City Council or prior to the
issuance of the first building permit for a shopping center, or for an amendment request to an
existing Sign Program, the owner shall submit to the City Planner an application, any applicable
fee, and a draft new or amended Sign Program. The Sign Program shall include the following
components:

(A) An introduction which shall state the roles and responsibilities of the property
owner, shopping center owner/manager, tenants and the Town of Colma in the review, approval,
installation, and removal of signs.

(B) Landlord and Tenant Requirements and responsibilities with regard to any
signs.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-17

(C) A description of sign sizes and locations for all tenant types (anchor, major, in- line, stand-alone buildings etc.). Size of signs should be graduated in size based on the size of the tenant space.

(D) Shopping center identification signage.

(E) Multi-Tenant pole or monument signs including allowed heights and sizes.

(F) Stand-alone pole or monument signs for tenants, including allowed heights and
sizes, if any.

(G) Window signage and advertising provisions.

(H) Under canopy sign sizes and types, if applicable.

(I) Address numbering and emergency contact information signs;

(J) Temporary banner types, sizes and locations advertising the center or event
solely for the shopping center, if applicable;

(K) Prohibited signs;

(L) General sign construction requirements; and

(M) Diagrams or illustrations of desired sign types.

(c) Findings. Once the draft sign program has been reviewed by the City Planner, the Sign Program shall be reviewed by the City Council. In the review of the Sign Program by the City Council, the City Council shall make the following fin dings prior to approving the Sign Program or any amendments to an existing Sign Program:

(1) The proposed signs enhance the development, and are in harmony with, and visually related to:

(A) All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, lette r style, colors, illumination, sign type or sign shape.

(B) The buildings and/or the developments they identify by utilizing materials, colors, or design motifs included in the building being identifie d; and

(C) Surrounding development by not adversely affe cting surrounding land uses or obscuring adjacent approved signs.

(2) The sign program accommodates future revisions which may be required due to
changes in building tenants; and

(3) The proposed sign program satisfie s the intent of this subchapter, in that the sign
program complies with all the regulations of this subchapter, except that fle xibility is allowed
with regard to sign area, number, location, height, or moving parts. Further, to the extent the sign
program does not comply with the requirements of this subchapter as to sign area, number,
location, height, or moving parts, the proposed sign program enhances the development and
more fully accomplishes the objectives of this subchapter.

Regulating Signs Colma Municipal Code
(August 2024) Page 4.07-18

(a) A Colma Auto Sales District is hereby created in the Town of Colma. The boundaries of Colma Auto Sales District are shown attached in Figure 4.07.01, and may be amended from time to time. Special promotional devices and signs, in addition to permanent signage described in Section 4.07.130, are permitte d in the Auto Sales District provided the total area of all signage does not exceed the total square footage permitte d on the property.

(b) Sign Programs are encouraged so that permits for individual signs or changes to signs can be approved administratively.

(c) The following General Provisions shall apply to all promotional devices allowed in the Colma Auto Sales District.

1. All non-rigid items shall be maintained in a safe, taut condition at all
times, It is the responsibility of the applicant to assure that the pole, or
structure to which a device is attached meets appropriate engineering
standards to handle the additional wind load and weight.

2. Devices shall not be affixed to any street light or pole within the City
Right of Way. All are subject to immediate removal by the Town of
Colma. In a like manner, any item which has been partially detached and
is posing a health and safety danger to the public is subject to removal
by the Town, if a responsible party is not available at the property to do
so.

3. All advertising should, to the extent feasible, use lette ring and colors
consistent with the permanent signage on the property.

4. Material used for fla gs, banners or tents shall be made of non-combustible
material, or be fire treated, to the satisfaction of the Fire Marshal.

5. Any portion of a promotional device which includes writing or corporate
logos is counted as signage, and is included in the total sign area
permitte d on the property.

6. The use of fluorescent colors is prohibited for all devices discussed in this
section, with the exception of vehicle price signs.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-19

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-20

7. Signs made of rigid material which include writing or corporate logos
   and structures and are attached to poles or other structures are
   considered permanent signage and are subject to approval of a Sign
   Permit.

   8. Changeable fla gs intended to provide timely information about special
   promotions or to create a festive appearance are allowed. The se must
   meet the following standards:

   a. Flags may be installed on light posts on the property. First
   priority must be given to placement on the light posts nearest
   the sidewalk to minimize visual clutte r; however these devices
   may also be installed on interior light posts.

   b. Flags should not exceed a horizontal dimension exceeding one-
   third (1/3) the height of the pole to which they are attached. Even
   though the size is standardized by the manufacturer, the location
   on the light pole should be uniform to avoid a haphazard
   appearance; generally bases should be no lower than 8 feet to
   minimize vandalism and the top no higher than 20 feet to avoid
   interference with pole signs on the property or in the vicinity.

   c. Flags must be limited to a uniform color and design; one
   dominant color should be selected for use at any single property.

   d. Flags shall be replaced afte r six months use to avoid a faded or
   wind tatte red appearance. Any faded or damaged fla gs shall be
   removed immediately.

   9. Changeable Antennae sleeve fla gs placed on the antennas of vehicles
   parked in the sales lot are allowed. Antennae sleeve fla gs must be of a
   uniform color and design and placed only on the prominent display
   vehicles, not to exceed one third of the total outdoor inventory on the
   lot.

   10. Changeable Banners and Flag Strings made of non-rigid material are
   allowed. Signs made of rigid material that are attached to poles or the
   building is considered permanent signage and are subject to approval by
   the Planning Department. Changeable banners should meet the
   following standards:

   a. The total number of banners displayed by a dealership at any
   given time shall be limited to no more than three.

   b. Flag strings should be mounted at least eight feet above grade to
   avoid vandalism and pedestrian conflicts and no higher than 20’
   in order to avoid conflicts with pole signs. Flag strings shall be
   replaced afte r six months use to avoid a faded or wind tatte red
   appearance.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-21

11. Infla tables are permitte d on a limited basis. Infla tables should meet the following
    standards:

    a. Infla tables may only be displayed for a period not to exceed sixty
    days per calendar year.

    b. The total number of infla tables displayed by a dealership at any
    given time shall be limited to one.

    c. Infla tables are allowed to be ground mounted so long as they do
    not block any required parking, access aisles or required fire
    lanes.

    d. Infla tables are allowed to be roof mounted provided that the top
    of the infla table does not exceed the maximum height in the
    Commercial Zone of 40’ above grade, as measured from the grade
    directly below the infla table and the top of the infla table.

    12. Temporary Outdoor decorations are allowed. Balloons, pennants,
    streamers or similar outdoor decorations may be displayed at the special
    event only for a time duration .

    13. Vehicle Price Signs are permitte d.

    14. Window Signs are permitte d on the windows of the main building(s)
    provided the total sign area does not occupy more than one-third of the
    window area on any given building face.

than Automobile Sales Businesses.

(a) Notwithstanding anything to the contrary in this Section 4.07.140, each business located in the C Zone may display one temporary banner sign on the property where the business is located, provided that all other requirements of this subchapter are met, for up to thirty (30) days per calendar year, pursuant to a temporary banner sign permit applied for and issued as set forth below. Illumination of temporary banner signs is prohibited.

(b) An application and fees for a temporary banner sign permit shall be submitte d on the form prescribed by the City Planner with writte n consent of the property owner or its agent

(c) Temporary Banner Sign Permit Findings. The application may be granted by the Zoning Administrator, without a public hearing, only upon making each of the following fin dings:

(1) The sign is consistent with the provisions of the General Plan of the Town of Colma.

(2) The granting of the sign permit will not be detrimental to the public health safety or
public welfare, or materially injurious to properties or improvement in the vicinity.

(3) Existing property uses, large or small, will not be detrimentally affe cted by the
proposed sign.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-22

(4) The granting of the sign permit will not constitute a grant of special privilege inconsistent with the limitations imposed by this subchapter on the existing use of properties, large or small, within the Town of Colma.

(5) The sign will not constitute a nuisance as to neighboring persons or properties.

(d) A decision to grant/deny a Temporary Banner Sign Permit cannot be appealed.

(e) The display of a temporary banner sign for any period of time on any given day, regardless of how short, shall count as one day for purposes of determining the thirty day allowance.

(f) For purposes of this section, Temporary Banner Sign means any sign constructed of fabric, sheeting or similar material, not exceeding four (4) feet in height or 75% of the business frontage in width, that is mounted between two poles or attached to an existing structure by two or more edges.

(g) This section shall not apply to automobile sales businesses or the Auto Sales District as defin ed in this subchapter.

[History: formerly § 4.714, ORD. 365, 2/10/88; ORD. 387, 3/08/89; ORD. 400, 8/09/89; ORD. 466, 5/11/94; ORD. 551, 4/14/1999; ORD. 638, 12/14/05; ORD. 713, 10/10/12; ORD. 722, 6/12/13; ORD. 771, 4/12/17]

(a) No off-site signs shall be permitte d in the P Zones.

(b) When considering an application for a sign permit in a P Zone, the City Planner shall take into account the nature of the property and its use, the functional necessity for the sign, the proposed size, location, and design of the sign, the degree of its harmony with the public purposes of the property and with the surrounding area, and the restrictions of this Code for signs in other districts.

[History: formerly § 4.715; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

(a) The following signs may be allowed in the E Zone, subject to a sign permit:

1) For cemetery, memorial park, floricultural and agricultural uses any sign which complies
with the requirements of section 4.07.070.

2) For Medical Service Offic es and Professional Business Offic es:

(A) One monument sign, indirectly illuminated or non-illuminated, no
taller than six feet and no longer than ten feet. Monument signs shall be located so as not
to obstruct sight lines for motorists, bicyclists or pedestrians.

(B) One fascia sign, indirectly illuminated or non-illuminated, limited in
length to 25% of the width of the building face on which it is placed, and in height to 24
inches.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-23

(C) One under-canopy sign, indirectly illuminated or non-illuminated, for each business. Under canopy signs may be any shape but may not exceed three feet in length or eighteen inches in height.

(b) The following signs are prohibited in the E Zone:

(1) For cemetery, memorial park, floricultural and agricultural uses, those signs prohibited
by section 4.07.070(b).

(2) For Medical Service Offic es and Professional Business Offic es:

(A) Off-site signs;

(B) Roof signs;

(C) Wind signs; and

(D) Pole signs.

[History: formerly § 4.716; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638,
12/14/05]

(a) No off-site, roof, wind or pole signs shall be permitte d in the PD Zones.

(b) In considering an application for a sign permit in a PD Zone, the City Planner shall take into account the nature of the property and its use and the restrictions of this Code for signs in districts zoned for similar use.

[History: formerly § 4.717; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

The following restrictions shall apply in all zones:

(a) Lighted signs shall be fitte d with a device so that light intensity can be adjusted.

(b) No exposed conduit, tubing or raceways shall be permitte d.

(c) No fla shing lights shall be permitte d.

(d) Signs are prohibited on single-family residential properties in any zone, except
for a real estate sign advertising the sale or rental of the residence. [History: formerly §
4.703; ORD. 365, 2/10/88; ORD. 387, 3/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-24

Nothing in this subchapter shall apply to any of the following signs that are necessary to protect pedestrians, drivers, and passengers by providing traffic control, directions, house numbers, and other warning signs to ensure public safety on the road and the general welfare of the Town:

(a) Offic ial public notices, and notices posted by public offic ers in performance of their duties;

(b) Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety; and

(c) House numbers, whether illuminated or not, “no trespassing,” “no parking,” and other warning signs.

[History: formerly § 4.704; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 638, 12/14/05; ORD. 649, 7/12/06; ORD. 651, 9/26/06; ORD. 759, 5/25/16]

(a) Signs Painted Directly on Walls or Windows in C Zones. No sign permit shall be required under this Code for a sign (i) painted or repainted directly on a door or window in a C Zone, or (ii) painted or repainted directly on a wall of a building or structure in a C Zone and not exceeding 100 square feet in area. Permits shall be required for all other painted signs in C Zones, and for all signs painted or repainted directly on a wall or window in G, R, I, P, E and PD Zones. Repainting of any painted sign shall be deemed to be a replacement of the sign, except as provided in subsection (d) below. Painted wall, window, and door signs and illumination of these signs outside of the C Zone shall be prohibited.

(b) Ordinary Maintenance and Repair. Except as provided in subsection (a) above, no permit shall be required under this subchapter for ordinary maintenance and minor repairs which do not involve replacement, alteration, reconstruction, relocation, intensification or expansion of the sign.

(c) Sales or Lease Signs; Signs at Construction Sites. No permit shall be required under this Code for sale or lease signs pursuant to existing requirements in state law, or temporary signs of persons and firms connected with work on buildings under actual construction or alteration, to the extent that such signs are permitte d by this Code.

(d) Mere Change of Copy. A mere change of copy on a sign the customary use of which involves frequent and periodic changes of copy shall not be subject to the permit requirements of section 4.07.220, 4.07.240, 4.07.275, or 4.07.280, except that a change of an off-site sign to an on-site sign or from an on-site sign to an off-site sign shall in itself constitute a new sign subject to the provisions of sections 4.07.230 through 4.07.280. In the case of signs the customary use of which does not involve frequent and periodic changes of copy, a change of copy shall in itself constitute a new sign subject to the provisions of sections 4.07.220 through 4.07.275, if the new copy concerns a diffe rent person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, activity or industry.

(e) Nothing in this subchapter shall be deemed to permit any use of property that is otherwise prohibited by this Code, or to permit any sign that is prohibited by the regulations of any special sign district that may be established in the Town of Colma, or the standards or procedures of any other Code or legal restriction.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-25

(f) Non-Commercial. In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, political or other non-commercial message shall be permitte d’ wherever commercial signage is permitte d.

[History: formerly § 4.705; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 560, 9/8/1999; ORD. 638, 12/14/05; ORD 759, 5/25/16]

(a) Notwithstanding any other provision of this subchapter, no person shall erect, affix or mark any sign on public property. For purposes of this section, public property includes, without limitation, public buildings and structures, public utility poles, wires and structures, traffic signs, mass transit buildings and structures, and public streets and sidewalks.

(b) Any sign posted in contravention of paragraph (a) above may be removed by the Police Department without notice. The person responsible for the sign shall be liable to the Town of Colma for the costs of removal.

[History: formerly § 4.706; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 638, 12/14/05]

(a) No sign shall be erected, placed, replaced, moved, changed, reconstructed or relocated on any property, intensifie d in illumination or otherwise, or expanded in area or in any dimension except in conformity with this subchapter. To ensure compliance with this subchapter, no sign may be erected, placed, replaced, moved, changed, constructed, or relocated to any property, intensifie d in illumination, or otherwise, or expanded in area or any dimension until a sign permit has been granted for that sign according to the procedures and standards set forth in section 4.07.040.

(b) Each application for a sign permit shall be accompanied by a scale drawing of the sign, the project site and applicable building elevations showing the precise location of the sign, and including (except in the case of a sign the customary use of which involves frequent and periodic changes of copy) such designation of the copy as is needed to determine that the location, area and other provisions of this Code are met.

[History: formerly § 4.707 ; ORD. 387, 3/8/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

(a) In recognition of major commercial developments in the Town of Colma such as the Serra Center and the 280 Metro Center, and the need of those developments to establish themselves in the marketplace, and in order to balance those needs against Colma’s aesthetic and traffic safety interests, special provisions are hereby established for existing pole signs and roof signs.

(b) No pole sign or roof sign may exist without a sign permit. Within 90 days of the effe ctive date of the ordinance enacting this subchapter, owners of any pole sign or roof sign shall apply for a sign permit for such signs. Any pole sign or roof sign in existence on the effe ctive date of the ordinance enacting this subchapter for which a sign permit is not timely obtained shall be considered a non- conforming use, subject to removal pursuant to section 4.07.110.

(c) Permits for pole signs and roof signs shall be good for a period of five years only.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-26

1. Applied for in accordance with the sign permit application requirements set forth in section 4.07.180 and in accordance with the standards set forth in section 4.07.230.

   [History: formerly § 4.708; ORD. 365, 2/10/88; ORD. 387, 3/8/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

No new pole sign shall be erected, placed, replaced, moved, changed, reconstructed or relocated on any property, intensifie d in illumination or otherwise, or expanded in area or in any dimension afte r the effe ctive date of the ordinance enacting this subchapter until a sign permit has been granted for that sign according to the procedures set forth in section 4.07.040

[History: formerly § 4.709; ORD. 387, 3/8/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05; ORD. 722, 6/12/13]

(a) Subject to the restrictions imposed by the Outdoor Advertising Act (Business and Professions Code sections 5200 - 5486) on signs within 660 feet of the right-of-way of Intersection 280, no off-site sign, and no other sign exceeding 200 square feet in area, shall be located afte r the date of determination and designation of the route of a freeway so that it is primarily to be viewed by persons traveling on any portion of such freeway.

(b) On-site signs not exceeding 200 square feet in area which are permitte d by this section and are primarily to be viewed by persons traveling on any portion of a freeway shall, regardless of any other provision of this code, be limited to signs which designate the name of the owner or occupant of the premises upon which the sign is placed, or which identify such premises, or which direct atte ntion to activities conducted, goods manufactured or produced, or services rendered, on the property upon which the sign is placed.

[History: formerly § 4.718; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

(a) No sign exceeding 200 square feet in area, shall be located afte r the date of determination and designation of the route, or portion thereof, of the Bay Area Rapid Transit District or other rapid transit line, wherever such route or portion thereof is other than underground, so that the sign is primarily to be viewed by persons traveling on any such route or portion thereof.

[History: formerly § 4.719; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

(a) In accordance with Business and Professions Code sections 5491.1 and 5499.1-5499.16, on- premises advertising displays shall be inventoried and abated as set forth in this section.

(b) For purposes of this section, the following defin itions shall apply:

(1) “Illegal on-premises advertising display” means any of the following:

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-27

(A) An on-premises advertising display erected without first complying with all ordinances and regulations in effe ct at the time of its construction and erection or use.

(B) An on-premises advertising display that was legally erected, but whose use has
ceased, or the structure upon which the display is placed has been abandoned by its
owner, not maintained, or not used to identify or advertise an ongoing business for a
period of not less than 90 days.

(C) An on-premises advertising display that was legally erected which later became
nonconforming as a result of the adoption of an ordinance, the amortization period for
the display provided by the ordinance rendering the display nonconforming has expired
and conformance has not been accomplished.

(D) An on-premises advertising display which is a danger to the public or is unsafe.

(E) An on-premises advertising display which is a traffic hazard not created by
relocation of streets or highways or by acts of the city or county.

2) “On-premises advertising display” means a sign designed, constructed, created,
engineered, intended, or used for any of the following purposes:

(A) To designate, identify, or indicate the name of the business of the owner or
occupant of the premises upon which the advertising display is located.

(B) To advertise the business conducted, services available or rendered, or the
goods produced, sold, or available for sale, upon the property where the advertising
display is erected.

3) The enforcement offic er shall be the City Planner of the Town of Colma.

(c) The enforcement offic er shall create an inventory of all illegal on-premises advertising displays as defin ed in section 4.07.270(b)(1) above.

(d) By resolution, the City Council may declare illegal on-premises advertising displays public nuisances. The resolution shall describe the property upon which the nuisance exists by lot and block number according to the county assessment map, and by its street address, if known. Any number of parcels may be included in one resolution.

(e) at least 10 days before adoption of the resolution, the city clerk shall send writte n notice to all assessed owners of the property described in the resolution, as shown by the last equalized assessment roll. The notice shall state the date, time, and place of the hearing and generally describe the purpose of the hearing and the nature of the illegality of the display.

(f) Afte r adoption of the resolution declaring the illegal display a nuisance, the enforcement offic er shall cause notice of the resolution and of an opportunity to lodge objections to be conspicuously posted on or in front of the property on which the display exists. The posted notice shall be substantially in the following form:

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-28

NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY

Notice is hereby given that on the day of , 20__ the City Council of the Town of Colma adopted a resolution declaring that an illegal advertising display is located upon or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the offic e of the City Clerk.

All property owners having any objection to the proposed removal of the display are hereby notifie d to atte nd a meeting of the Town of Colma to be held on the ____ day of __________, at the hour of 7:00 p.m., City Council Chambers, 1198 El Camino Real, Colma, California, when their objections will be heard and given due consideration.

Dated this ____________ day of __________, 20.

City Clerk

Town of Colma

This notice shall be posted at least 10 days before the date for hearing objections. The City Clerk shall also mail this notice 10 days before the hearing of objections to each person on whom the described property is assessed in the last equalized assessment roll available or the date the City Council adopted the resolution.

(g) At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the on-premises advertising display. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the City Council shall allow or overrule any objections. At that time, the City Council acquires jurisdiction to proceed and perform the work of removal. The decision of the City Council is fin al. If objections have not been made or afte r the City Council has disposed of those made, it shall order the enforcement offic er to abate the nuisance by having the display removed. The order shall be made by motion or resolution.

(h) The enforcement offic er may enter private property to abate the nuisance.

(i) Before the enforcement offic er arrives, any property owner may remove the illegal on-premises advertising display at the owner’s own expense.

Nevertheless, in any case in which an order to abate is issued, the City Council, by motion or resolution, may further order that a special assessment and lien shall be limited to the costs incurred by the Town in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, and other related costs.

(j) The enforcement offic er shall keep an account of the cost of abatement of an illegal on-premises advertising display in front of or on each separate parcel of property where the work is done by him or her. He or she shall submit to the City Council for confirmation an itemized writte n report showing that cost.

A copy of the report shall be posted for at least three days, prior to its submission to the City Council, on or near the chamber door of the City Council, with notice of the time of submission.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-29

At the time fixed for receiving and considering the report, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution.

(k) Abatement of the nuisance may, in the discretion of the City Council, be performed by contract awarded on the basis of competitive bids let to the lowest responsible bidder. In that event, the contractor shall keep the account and submit the itemized writte n report for each separate parcel of property required by paragraph (j) above.

(l) The cost of abatement in front of or upon each parcel of property, and the cost incurred by the Town in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical, and other related costs, is a special assessment against that parcel. Afte r the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the offic e of the county recorder.

(m) The cost of abatement shall be collected in accordance with Business and Professions Code, sections 5499.12-5499.15.

[History: formerly § 4.720; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD, 638, 12/14/05]

(a) At the end of five (5) years of initial permit, permits for pole and roof signs shall be automatically renewed to the last day of the calendar year, and thereafte r shall be automatically renewed for each successive calendar year, unless the City Council decides not to renew as provided in subparagraph (b) below.

(b) The City Council may, prior to the renewal of any pole or roof sign permit, hold a hearing to consider whether renewal of such pole or roof sign permit is in the best interests of the Town. A decision not to renew a sign permit for a pole or roof sign shall require that the City Council make the following fin dings:

(1) The sign is incompatible with the design of surrounding structures; and

(2) The continued existence of the sign will conflict with the orderly development of the
Town.

(c) The holder of the sign permit shall be advised of the City Council’s intent to consider whether renewal of the permit shall be disallowed by writte n notification at least ten (10) days prior to the City Council hearing.

(d) If the City Council decides not to renew the sign permit, the sign shall be removed by the permit holder or the owner of the property on which the sign is located no later than March 31 next following the Council’s decision. The reafte r the sign shall be deemed an illegal nuisance and may be abated as an illegal sign as provided in section 4.07.270 below.

[History: formerly § 4.710; ORD. 387, 3/8/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-30

(a) The following on-premises signs may be declared nuisances and removed without payment of compensation to the owner:

(1) On-premises signs which are not designed, constructed, created or which do not conform
to this code;

(2) On-premises signs which were erected without full compliance with laws in effe ct at the
time of erection;

(3) On-premises signs which have been abandoned; i.e., which have remained in place for a
period of at least 90 days during which time they have not advertised a business, product,
service, or activity conducted on the premises where they are located;

(4) On-premises signs, more than 50 percent of which have been destroyed and which cannot
be repaired in 30 days;

(5) Any sign whose owner, outside of a change of copy, requests permission to remodel and
remodels that sign, or expand or enlarge the building or land use upon which the sign is
located, and the sign is affe cted by the construction, enlargement or remodeling, or the
cost of construction, enlargement, or remodeling of the sign exceeds 50 percent of the
cost of reconstruction of the building;

(6) Any on-premises sign relocated by the owner;

(7) Any on-premises sign subject to an agreement of removal between the owner and the
Town of Colma;

(8) Any on-premises sign which is or may become a danger to the public, or is unsafe;

(9) Any on-premises sign which is a traffic hazard;

(10) Any on-premises sign which is located in a “planned commercial district” as that
term is defin ed in Business and Professions Code section 5498;

(11) On-premises signs in areas listed or eligible for listing on the National Register of
Historic Places, or areas registered by the Department of Parks and Recreation as state
historical landmarks, or points of historical interest, pursuant to section 5021 of the Public
Resources Code;

(12) On-premises signs in areas designated historic zones pursuant to Government
Code sections 502 80 et seq.

(13) Any “illegal on-premises advertising display” (as that term is defin ed in Business
and Professions Code section 5499.1(a) and section 4.07.270(b)(1) of this Code) which may
be removed according to the procedures set forth in Business and Professions Code
sections 5.499.1-5.499.16 and section 4.07.270 of this Code.

(b) The following off-premises signs may be declared nuisances and removed without payment of compensation:

(1) Off-premises signs which were erected without full compliance with laws in effe ct at the
time of erection;

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-31

(2) Off-premises signs which are unsafe; and

(3) Off-premises signs which present a traffic hazard.

(c) Before the City Council elects to abate a sign for which payment of compensation is required by either section 5412 or 5491 of the Business and Professions Code, the City Planner shall atte mpt to negotiate with the owner of the sign a fair sum to be paid by the Town of Colma to the owner. If the Town of Colma and the owner cannot agree on the compensation to be paid, the City Council may then proceed to remove the sign according to the procedures specifie d in Business and Professions Code, Division 3, Chapter 2, Article 7.

[History: formerly § 4.7.11; ORD. 387, 03/08/89; ORD, 466, 5/11/94; ORD. 638, 12/14/05]

No person shall construct, enlarge, alter, move, demolish, convert, occupy, equip, use, or maintain any structure with a sign without first obtaining a building permit issued by the Building Offic ial. Each such sign shall be constructed in accordance with the applicable provisions of the Building Codes as set forth in Chapter Five, Subchapter Four of the Colma Municipal Code.

(a) In order to strike a balance between, on the one hand, the need to maintain an expressive forum for speech, and on the other hand, to reduce visual blight within the Town of Colma, maintain the Town’s cleanliness and aesthetics and maintain public safety, the City Council of the Town of Colma fin ds that regulations governing the placement of temporary noncommercial signs and the removal of all abandoned temporary non-commercial signs is necessary to promote the Town’s aesthetics, public safety and the health and welfare of its citizens. Specifically, but without limitation, the City Council fin ds that:

1) Although temporary non-commercial signs provide an important and economic method of
expressing temporary non-commercial and protected speech, they can also create visual,
aesthetic and safety impacts that have a deleterious effe ct on the community.

2) Many times temporary non-commercial signs are placed in areas that conflict with traffic
signals and devices or are placed on structures located in the public right-of-way. Prohibition
of temporary non-commercial signs on public street medians, bridges, public utility box or
any poles used for public utility, traffic control signs, traffic signals, or street signs is
necessary to: prevent visual distractions to motorists which create traffic hazards, prevent
unsafe road conditions, and to prevent eyesores from proliferating along public streets.

3) Temporary non-commercial signs placed on private property are sometimes left for months,
sometimes years. The se abandoned temporary non-commercial signs detract from the
positive visual image of the community, and the community’s redevelopment efforts and
also have a tendency to attract the placement of additional temporary signs and result in
unattractive sign clutte r.

4) Regulation of the size of temporary non-commercial signs is necessary for safety and
aesthetic reasons, specifically, that the strong winds common in Colma would remove the
signs, creating hazards and accumulation of debris, and extremely large or illuminated signs
would create a distraction to motorists.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-32

(b) No Permit Required. A Sign Permit is not required for any temporary non-commercial sign erected, installed or maintained in conformity with this subchaptere. No person shall construct, enlarge, alter, move demolish, convert, occupy, equip, use, or maintain any structure with a temporary sign without first obtaining a building permit issued by the Building Offic ial. Each such temporary sign shall be constructed in accordance with the applicable provisions of the Building Codes set forth in Subchapter Four of Chapter Five of the Colma Municipal Code.

(c) Public Property.

(1) Except as provided in the next paragraph, no person may erect, affix, mark or maintain any temporary non-commercial sign on public property or within a public right-of-way, including but not limited to, public buildings and structures; public utility poles, wires and structures; traffic signs; public streets and sidewalks; and public parks.

(2) The City Manager may designate public areas for non-commercial signs to be erected,
installed or maintained, provided that the sign shall not exceed thirty-two square feet in area and
shall be affixed to the ground.

(d) Private Property. A temporary non-commercial sign shall be not be erected, installed or maintained on private property, or on public property lawfully occupied by a private user, except in accordance with the following standards:

(1) Permission to erect, install or maintain a temporary non-commercial sign shall first
have been obtained from the owner, owner’s representative, lessee or tenant of said property;

(2) A temporary non-commercial sign shall not be erected, installed or maintained on the roof of
a building;

(3) A temporary non-commercial sign placed in residential zoning districts shall be no larger
than four (4) square feet; and

(4) A temporary non-commercial sign placed in zoning districts other than residential shall be
no larger than sixteen square feet.

(e) Nuisance. Any temporary non-commercial sign that is in violation of this section shall be deemed a public nuisance, and the Code Enforcement Offic er may order the owner of the property, and/or the owner of the sign, to remove the sign and abate the nuisance. The Town shall also have the authority to remove said sign in accordance with this section.

(f) Removal of Temporary Non-commercial Signs in Violation of this Subchapter

1) A temporary non-commercial sign that is in violation of this section, is located on private
property and has not been removed by the owner of the property, and/or the owner of the
sign, afte r the owner has been provided with writte n notification to remove such sign, the
reasons for the requested removal and a reasonable opportunity to remove the sign, may be
removed by the Town.

2) A temporary non-commercial sign that is posted on public property or in the public
right-of-way in violation of this section may be removed summarily by the Town at any time.

(g) Removal of Temporary Non-commercial Signs Afte r Event.

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-33

1. Each temporary non-commercial sign shall be removed afte r any event to which they relate by the owner of the property, or owner of the sign. Temporary non-commercial signs remaining more than ten (10) days afte r any event to which they relate shall be deemed abandoned and a nuisance, and may be summarily removed by the Town afte r giving the owner of the property, or owner of the sign, writte n notification to remove such sign, the reasons for the requested removal and a reasonable opportunity to remove the sign. 2) Temporary non-commercial signs posted on public property or in the public right-of-way remaining afte r any event to which they relate may be summarily removed by the Town at any time. 3) Temporary non-commercial signs on vacant parcels remaining more than ten (10) days afte r any event to which they relate shall be deemed abandoned and may be summarily removed by the Town.

(h) Post Removal and Claim Procedures.

1) Upon removal of any temporary non-commercial sign by the Town, such signs shall be taken
to the Town Corporation Yard for temporary storage. The Town shall keep an itemized account
of the actual costs incurred in removing such signs, including incidental expenses. Incidental
expenses shall include, but not be limited to, the cost of any rental equipment required for
removal of the sign, administrative costs incurred to notify the property owner, or any candidate
or committe e responsible and any storage costs.

2) The Town shall provide writte n notification of its removal of a temporary non-commercial
sign to any candidate, candidate’s committe e, or ballot measure committe e responsible for its
placement. The writte n notification shall inform that said sign has been removed and is available
for pick-up at the Town’s Corporation Yard. All temporary non-commercial signs removed shall
be stored in the Town Corporation Yard and may be destroyed by the Town if not claimed within
fifte en (15) days of the writte n notification to the candidate, candidate’s committe e, or ballot
measure committe e. For purposes of this subsection, notification shall be deemed to have been
provided upon the delivery of the notification lette r addressed to the candidate, candidate’s
committe e, or ballot measure committe e to the United States Post Offic e.

3) Any person claiming a sign so removed by the Town may have the sign released upon
the payment of any fees incurred for removal of such sign. Signs not picked-up within fifte en (15)
days of notification shall be destroyed and the responsible owner of the property, or any
candidate, candidate’s committe e or ballot measure committe e shall be billed for the actual costs
of the removal. The Town may recoup such costs by any reasonable means available.

i) Appeal Procedures.

1. Any person aggrieved by any action of the Town, may appeal such action, in writing, to the City Council within five (5) days of any writte n notification by the Town of the impending removal of a sign or summary removal. The appeal shall be submitte d to the City Clerk and shall state the reasons for the requested appeal. 2) Upon receipt of an appeal, the City Clerk shall schedule the matte r for hearing at the next available City Council hearing for which a quorum is present. The City Clerk shall provide the appellant with writte n notice concerning the hearing date and time. The City Council shall determine the appeal at a hearing held on the appointed date and time. The decision of the City Council on the matte r shall be fin al unless appealed to a court of competent

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-34

jurisdiction. Any such appeal shall be processed by the Town in accordance with California Code of Civil Procedure §1094.8, or its successor statute or regulation.

[History: ORD. 649, 7/12/06, ORD, 651, 9/26/06; ORD. 738, 1/14/15; ORD 759, 5/25/16]

If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this code is declared invalid, such invalidity shall not affe ct the validity or enforceability of the remaining portions of this subchapter.

[ORD 759, 5/25/16]

Regulating Signs Colma Municipal Code (August 2024) Page 4.07-35

CHAPTER FOUR: BUSINESS ACTIVITIES

Subchapter 4.08: Cable System, Open Video, Telecommunications and Franchises

This Ordinance shall constitute the Cable System, Open Video, Telecommunications and Franchises@ of the Town of Colma and may be referred to as such.

[History: The original Subchapter 4.08 was enacted by ORD. 440, 6/10/92; Ord. 549 3/10/99; original Subchapter 4.08 was repealed and the present subchapter adopted; Ord. 669 (adding Sections 4.08.500 through 4.08.560) is reauthorized by Ord. 776, 1/24/18.]

It is the intent of this Chapter and subsequent amendments to provide for and specify the means to attain the best possible Cable Service to the public and any Franchises issued pursuant to this Chapter shall be deemed to include this as an integral finding thereof. It is the further intent of this Chapter to establish regulatory provisions that permit the City to regulate Cable System Franchises and Open Video Systems and Telecommunications networks providing cable service, to the extent permitted by federal and state law, including but not limited to the Federal Cable Communications Policy Act of 1984, the Federal Cable Television Consumer Protection and Competition Act of 1992, the Federal Telecommunications Act of 1996, applicable Federal Communications Commission regulations and applicable California law.

[History: ORD. 549, 3/10/99]

Pursuant to applicable federal and state law, the Town of Colma is authorized to grant one or more non-exclusive franchises to construct, operate, maintain and reconstruct Cable Systems within the City limits. Further, the City has the authority to set forth requirements for the provision of cable services through use of Open Video Systems(OVS) and telecommunications networks.

[History: ORD. 549, 3/10/99]

The City Council finds that the development of Cable Systems has the potential of having great benefit and impact upon the residents of the City. Because of the complex and rapidly changing technology associated with Cable Systems, the City Council further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the City or such Persons as the City may designate. It is the intent of this Ordinance and subsequent amendments to provide for and specify the means to attain the best possible Cable Service to the public and any Franchises issued pursuant to this Ordinance shall be deemed to include this as an integral finding thereof. It is the further intent of this Ordinance to establish regulatory provisions that permit the City to regulate Cable

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-1

System Franchises and Open Video Systems and telecommunications networks providing cable service, to the extent permitted by Federal and State law, including but not limited to the Federal Cable Communications Policy Act of 1984, the Federal Cable Television Consumer Protection and Competition Act of 1992, the Federal Telecommunications Act of 1996, applicable Federal Communications Commission regulations and applicable California law.

[History: ORD. 549, 3/10/99]

For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning.

(a) Basic Cable Service means any service tier which includes the retransmission of local television broadcast signals.

(b) Cable Service means:

(1) The one-way transmission to Subscribers of

(A) video programming; or

(B) other programming service; and

(2) Subscriber interaction, if any, which is required for the selection or use of such
video programming or other programming service.

(c) Cable System or System means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include:

(1) a facility that serves only to retransmit television signals of one (1) or more
television broadcast stations;

(2) a facility that serves Subscribers without using any Public Rights-of-Way;

(3) a facility of a common carrier which is subject, in whole or in part, to the
provisions of Title II of the Telecommunications Act of 1996, except that such facility
shall be considered a Cable System (other than for the purposes of Section 621(c)) to
the extent such facility is used in the transmission of video programming directly to
Subscribers; unless the extent of such use is solely to provide interactive on-demand
services; or

(4) any facilities of any electric utility used solely for operating its electric utility
system.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-2

(d) Cable Operator means any Person or group of Persons who:

(1) provides Cable Service over a Cable System and directly or through one (1) or
more affiliates owns a significant interest in such Cable System; or

(2) otherwise controls or is responsible for, through any arrangement, the
management and operation of such Cable System.

(e) Channel or Cable Channel means a portion of the electromagnetic frequency spectrum which is used in a Cable System which is capable of delivering a television channel as defined by the Federal Communications Commission.

(f) Council means the City Council of the Town of Colma.

(g) Franchise means an initial authorization, or renewal thereof, issued by the Council, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable System. Any such authorization, in whatever form granted, shall not supersede the requirement to obtain any other license or permit required for the privilege of transacting business within the City as required by the other ordinances and laws of the City.

(h) Franchise Agreement means a franchise grant ordinance or a contractual agreement, containing the specific provisions of the Franchise granted, including references, specifications, requirements and other related matters.

(i) Franchise Fee means any fee or assessment of any kind imposed by the City on a Grantee as compensation for the Grantee's use of the Public Rights-of-Way for the provision of cable service. The term AFranchise Fee@ does not include:

(1) any tax, fee or assessment of general applicability (including any such tax, fee,
or assessment imposed on both utilities and cable operators or their services, but not
including a tax, fee or assessment which is unduly discriminatory against cable operators
or cable Subscribers);

(2) capital costs which are required by the Franchise to be incurred by Grantee for
Public, Educational, or Governmental Access Facilities;

(3) requirements or charges incidental to the awarding or enforcing of the Franchise,
including payments for bonds, security funds, letters of credit, insurance,
indemnification, penalties, or liquidated damages; or

(4) any fee imposed under Title 17, United States Code.

(j) Grantee means any Person receiving a Franchise pursuant to this Ordinance and under the granting Franchise ordinance or agreement, and its lawful successor, transferee or assignee.

(k) Grantor or City means the Town of Colma as represented by the Council or any delegate, acting within the scope of its jurisdiction.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-3

(l) Gross Annual Revenues means the annual gross revenues received by a Grantee from the operations of the Cable System within the City utilizing the Public Rights-of-Way for which a Franchise is required in order to provide Cable Service, excluding refundable deposits, rebates or credits, and any sales, excise or other taxes or charges collected for direct pass-through to local, State or Federal government.

(m) Inferior Signal Quality means any signal that does not meet FCC technical standards.

(n) Installation means the connection of the System to Subscribers' terminals, and the provision of service.

(o) Open Video System means a certified video programming system meeting all conditions of Sec. 653(b) of the Telecommunications Act of 1996, providing cable service to subscribers with the Town of Colma.

(p) Person. [See, section 1.01.100]

(q) Public, Educational or Government Access Facilities or PEG Access Facilities means the total of the following:

(1) channel capacity designated for noncommercial public, educational, or
government use; and

(2) facilities and equipment for the use of such channel capacity.

(r) Section means any section, subsection or provision of this Ordinance.

(s) Service Area or Franchise Area means the entire geographic area within the municipal boundaries of the City as it is now constituted or may in the future be constituted, unless otherwise specified in the Franchise.

(t) Service Tier means a category of Cable Service or other services provided by a Cable Operator and for which a separate rate is charged.

(u) State means the State of California.

(v) Street or Public Way or Public Rights-of-Way means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the Service Area: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property.

(w) Subscriber or Customer or Consumer means any Person who or which elects to subscribe to, for any purpose, Cable Service provided by the Grantee by means of or in connection with the Cable System, and who pays the charges therefore.

[History: ORD. 549, 3/10/99; ORD. 643, 4/12/06]

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-4

A Franchise granted by the City under the provisions of this Ordinance shall encompass the following purposes:

(a) To engage in the business of providing Cable Service, and such other services as may be permitted by law, which Grantee chooses to provide to Subscribers within the designated Service Area.

(b) To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the Cable System in, on, over, under, upon, along and across streets or other public places within the designated Service Area.

(c) To maintain and operate said Franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals and for the delivery of Cable Services, and such other services as may be permitted by law.

(d) To set forth the obligations of a Grantee under the Franchise.

[History: formerly § 4.08.100; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

It shall be unlawful for any Person to construct, install or operate a Cable System in the City within any Public Way without a properly granted Franchise awarded pursuant to the provisions of this Ordinance.

[History: formerly § 4.08110; ORD. 549, 3/10/99 ORD. 638, 12/14/05]

A Franchise granted hereunder shall be for a term established in the Franchise Agreement, commencing on the Grantor's adoption of an ordinance or resolution authorizing the Franchise. A Franchise granted hereunder may be renewed upon application by the Grantee pursuant to the provisions of applicable State and Federal law.

[History: formerly § 4.08120; ORD. 549, 3/10/99 ORD. 638, 12/14/05]

Any Franchise shall be valid within all the municipal limits of the City, and within any area added to the City during the term of the Franchise, unless otherwise specified in the Franchise Agreement. In connection with the issuance of any franchise under this chapter, the city council may impose such reasonable restrictions, conditions and limitations as to the area or areas of the city to be served by such franchise holder.

[History: formerly § 4.08130; ORD. 549, 3/10/99 ORD. 638, 12/14/05]

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-5

This Ordinance shall be construed in a manner consistent with all applicable Federal and State laws, and shall apply to all Franchises granted or renewed after the effective date of this Ordinance to the extent permitted by applicable law.

[History: formerly § 4.08.140; ORD. 549, 3/10/99 ORD. 638, 12/14/05]

(a) Grantee shall not sell, transfer, lease, assign or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the Franchise or any of the rights or privileges therein granted, without the prior consent of the Council, which consent shall not be unreasonably denied, withheld or delayed; provided, however, that the prior consent of the Council shall not be required for an intra-corporate or intra-company transfer from one wholly-owned subsidiary to another wholly-owned subsidiary. Any attempt to sell, transfer, lease, assign or otherwise dispose of the Franchise without the consent of the Council shall be null and void. The granting of a security interest in any Grantee assets, or any mortgage or other hypothecation or by assignment of any right, title or interest in the Cable System in order to secure indebtedness shall not be considered a transfer for the purposes of this section.

(b) The requirements set forth in the preceding paragraph shall apply to any change in control of Grantee. The word Acontrol@ as used herein includes majority ownership, and actual working control in whatever manner exercised. In the event that Grantee is a corporation, prior consent of the Council shall be required where ownership or control of more than twenty-five percent (25%) of the voting stock of the Grantee is acquired by a Person or group of Persons acting in concert, none of whom own or control the voting stock of the Grantee as of the effective date of the Franchise, singularly or collectively.

(c) Grantee shall notify Grantor in writing of any foreclosure or any other judicial sale of all or a substantial part of the Franchise property of the Grantee or upon the termination of any lease or interest covering all or a substantial part of said Franchise property. Such notification shall be considered by Grantor as notice that a change in control of ownership of the Franchise has taken place and the provisions under this Section governing the consent of Grantor to such change in control of ownership shall apply.

(d) For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, Grantor may inquire into the qualifications of the prospective transferee or controlling party, and Grantee shall assist Grantor in such inquiry. In seeking Grantor's consent to any change of ownership or control, Grantee shall have the responsibility of insuring that the Grantee and/or the proposed transferee complete an application in accordance with Federal Communications Commission Form 394 or equivalent. An application shall be submitted to Grantor not less than one hundred twenty (120) days prior to the proposed date of transfer. The transferee shall be required to establish that it possesses the qualifications and financial and technical capability to operate and maintain the System and comply with all Franchise requirements for the remainder of the term of the Franchise. If the legal, financial and technical qualifications of the applicant are satisfactory, the Grantor shall consent to the transfer of the Franchise. If the Grantor has not taken action on the Grantee's request for transfer within one hundred twenty (120) days after receiving such request, Grantor's consent

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-6

to such transfer shall be deemed given. The consent of the Grantor to such transfer shall not be unreasonably denied or delayed.

(e) Any financial institution having a pledge of the Grantee or its assets for the advancement of money for the construction and/or operation of the Franchise shall have the right to notify the Grantor that it or its designee satisfactory to the Grantor shall take control of and operate the Cable System, in the event of a Grantee default of its financial obligations. Further, said financial institution shall also agree in writing to continue Cable Service and comply with all Franchise requirements during the term the financial institution exercises control over the System.

(f) Upon transfer, Grantee shall reimburse Grantor for Grantor's reasonable processing and review expenses in connection with the transfer of the Franchise, including without limitation, costs of administrative review, financial, legal and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by such experts), notice and publication costs and document preparation expenses. These costs shall be subject to any limitations set forth in the franchise agreement. Any such reimbursement shall not be charged against or included as part of any Franchise Fee due to Grantor during the term of the Franchise.

[History: formerly § 4.08.150; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Grantee shall design, construct and maintain the Cable System to have the capability to pass every residential dwelling unit in the Service Area, subject to any Service Area line extension requirements of the Franchise Agreement.

(b) After service has been established by activating trunk and/or distribution cables for any Service Area, Grantee shall provide uniform service to any requesting Subscriber within that Service Area within thirty (30) days from the date of request, provided that the Grantee is able to secure all rights-of-way necessary to extend service to such Subscriber within such thirty (30) day period on reasonable terms and conditions.

[History: formerly § 4.08.160; ORD. 549, 3/10/99 ORD. 638, 12/14/05]

Any Franchise granted pursuant to this Ordinance shall be nonexclusive. The Grantor specifically reserves the right to grant, at any time, such additional Franchises for a Cable System, as it deems appropriate, subject to applicable State and Federal law, provided that if the Grantor grants an additional Franchise on terms more favorable to the second Grantee (whether by the grant of greater benefits or the imposition of lesser obligations), or if another entity utilizing the Public Rights-of-Way offers service competitive with Grantee, then the material provisions of any such additional Franchise shall be reasonably comparable to the terms and conditions contained in the initial Grantee's Franchise, so that all Grantees are accorded competitively neutral and nondiscriminatory treatment and to provide all parties equal protection under the law.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-7

[History: formerly § 4.08.170; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Grantor may grant any number of Franchises subject to applicable State or Federal law. Grantor may limit the number of Franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and specific local considerations, such as:

(1) The capacity of the Public Rights-of-Way to accommodate multiple cables in
addition to the cables, conduits and pipes of the utility Systems, such as electrical
power, telephone, gas and sewer.

(2) The benefits that may accrue to Subscribers as a result of Cable System
competition, such as lower rates and improved service.

(3) The disadvantages that may result from Cable System competition, such as the
requirement for multiple pedestals on residents' property, and the disruption arising
from numerous excavations of the Public Rights-of-Way.

(b) Where electric and telephone utilities are to be placed underground in any new residential housing developments, Grantor and the developer of such new residential housing shall give each Grantee serving the Franchise Area within which the new residential housing development is located at least seventy two (72) hours prior written notice of the date on which open trenching will be available for the Grantee's installation of conduit, pedestals and vaults. On request of the Grantor or developer, the Grantee shall provide specifications needed for trenching. Developers of new residential housing with underground utilities shall provide conduit to accommodate cables for at least two (2) new entrant Cable Systems and dedicate the use of such conduit to the City.

(c) Grantor may require that any new entrant, non-incumbent Grantee be responsible for its own underground trenching and the costs associated therewith, if, in Grantor's opinion, the Public Rights-of-Way in any particular area cannot feasiblely and reasonably accommodate additional cables.

[History: formerly § 4.08.180; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

Any Person desiring an initial Franchise for a Cable System shall file an application with the City. A reasonable nonrefundable initial application fee established by the City shall accompany the initial Franchise application to cover all validly documented reasonable costs associated with processing and reviewing the application, including without limitation costs of administrative review, financial, legal and technical evaluation of the applicant, consultants (including technical and legal experts and all costs incurred by such experts), notice and publication requirements with respect to the consideration of the application and document preparation expenses. In the event such validly documented reasonable costs exceed the application fee, the selected applicant(s) shall pay the difference to the City within thirty (30) days following receipt of an itemized statement of such costs.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-8

[History: formerly § 4.08.200; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

An application for an initial Franchise for a Cable System shall contain, where applicable:

(a) A statement as to the proposed Franchise and Service Area;

(b) Resume of prior history of applicant, including the expertise of applicant in the cable television field;

(c) List of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each stockholder, if a corporation;

(d) List of officers, directors and managing employees of applicant, together with a description of the background of each such Person;

(e) The names and addresses of any parent or subsidiary of applicant or any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by applicant;

(f) A current financial statement of applicant verified by a Certified Public Accountant audit or otherwise certified to be true, complete and correct to the reasonable satisfaction of the City;

(g) Proposed construction and service schedule;

(h) Any reasonable relevant additional information that the City deems applicable.

[History: formerly § 4.08.210; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Upon receipt of any application for an initial Franchise, the City Manager or a delegate shall prepare a report and make recommendations respecting such application to the Council.

(b) A public hearing shall be set prior to any initial Franchise grant, at a time and date approved by the Council. Within thirty (30) days after the close of the hearing, the Council shall make a decision based upon the evidence received at the hearing as to whether or not the initial Franchise(s) should be granted, and, if granted, subject to what conditions. The Council may grant one (1) or more Franchises, or may decline to grant any Franchise.

[History: formerly § 4.08.220; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

Franchise renewals shall be in accordance with applicable law. Grantor and Grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the Franchise.

[History: formerly § 4.08.230; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-9

(a) Except as otherwise provided in the Franchise Agreement, Grantee shall maintain the necessary facilities, equipment and personnel to comply with the following consumer protection and service standards under normal conditions of operation:

(1) Sufficient toll-free telephone line capacity during normal business hours to assure
that telephone calls shall be answered before the fourth (4th) ring; telephone answer
time by a customer service representative, including wait time, shall not exceed thirty
(30) seconds; and callers needing to be transferred shall not be required to wait more
than thirty (30) seconds before being connected to a service representative. Under
normal operating conditions, a caller shall receive a busy signal less than three percent
(3%) of the time.

(2) Emergency toll free telephone line capacity on a twenty-four (24) hour basis,
including weekends and holidays. After normal business hours, the telephone calls may
be answered by a service or an automated response system, including an answering
machine. Calls received after normal business hours must be responded to by a trained
company representative on the next business day.

(3) A conveniently situated local business and service and/or payment office located
within the Town of Colma or no further than one mile from the Town of Colma or Daly
City city limits, open during normal business hours at least eight (8) hours daily, and at
least four (4) hours weekly on evenings or weekends, and adequately staffed to accept
Subscriber payments and respond to service requests and complaints. The Grantee may
petition the Grantor to reduce its business hours if the extended hours are not justified
by Subscriber demand.

(4) An emergency system maintenance and repair staff, capable of responding to
and repairing major System malfunction on a twenty-four (24) hour per day basis.

(5) An installation staff, capable of installing service to any Subscriber requiring a
Standard Installation within seven (7) days after receipt of a request, in all areas where
trunk and feeder cable have been activated. "Standard Installations" shall be those that
are located up to one hundred twenty-five (125) feet from the existing distribution
System, unless otherwise defined in any Franchise Agreement.

(6) Grantee shall schedule, within a specified four (4) hour time period during
normal business hours, all appointments with Subscribers for installation of service,
service calls and other activities at the Subscriber location. Grantee may schedule
installation and service calls outside of normal business hours for the express
convenience of the customer. Grantee shall not cancel an appointment with a customer
after the close of business on the business day prior to the scheduled appointment. If a
Grantee representative is running late for an appointment with a customer and will not
be able to keep the appointment as scheduled, the customer shall be contacted and the
appointment rescheduled, as necessary, at a time which is reasonably convenient for the
customer.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-10

(b) The standards of subparagraphs i. through vi above shall be met not less than ninety percent (90%) of the time measured on a quarterly basis.

[History: formerly § 4.08.300; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by notice and shall occur during a period of minimum use of the Cable System, preferably between midnight and six A.M. (6:00 A.M.) local time.

(b) The Grantee shall maintain a repair force of technicians normally capable of responding to Subscriber requests for service within the following time frames:

(1) For a system outage: Within two (2) hours, including weekends, of receiving
Subscriber calls or requests for service which by number identify a system outage of
sound or picture of one (1) or more channels, affecting at least ten percent (10%) of
the Subscribers of the System.

(2) For an isolated outage: Within twenty-four (24) hours, including weekends, of
receiving requests for service identifying an isolated outage of sound or picture for one
(1) or more channels that affects three (3) or more Subscribers. On weekends, an
outage affecting fewer than three (3) Subscribers shall result in a service call no later
than the next business day.

(3) For inferior signal quality: Within two (2) business days of receiving a request
for service identifying a problem concerning picture or sound quality.

(c) In the event the service problem requires a visit by a technician to the customer=s home, Grantee shall be deemed to have responded to a request for service under the provisions of this Section when a technician arrives at the service location and begins work on the problem. In the case of a Subscriber not being home when the technician arrives, the technician shall leave written notification of arrival.

(d) Grantee shall not charge for the repair or replacement of defective or malfunctioning equipment provided by Grantee to Subscribers, unless the defect was caused by the Subscriber.

(e) Unless excused, Grantee shall determine the nature of the problem within two (2) business days of beginning work and resolve all Cable System related problems within five (5) business days.

[History: formerly § 4.08.310; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Subscriber bills shall be clear, concise and understandable. Bills shall be fully itemized, with itemizations including, but not limited to, basic and premium service charges and

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-11

equipment charges. Bills shall also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

(b) In case of a billing dispute, the Grantee shall respond to a written complaint from a Subscriber within thirty (30) days.

(c) Upon request from a subscriber or Grantor acting on behalf of a subscriber, Grantee shall provide credits or refunds, equal to or greater than the prorata share of the customer=s monthly bill, to Subscribers whose service has been interrupted for four (4) or more hours. All credits for service shall be issued no later than the customer's next billing cycle following the determination that a credit is warranted. For Subscribers terminating service, refunds shall be issued promptly, but no later than thirty (30) days after the return of any Grantee-supplied equipment.

(d) Grantee shall provide written information on each of the following areas (i) at the time of the installation of service, (ii) at least annually to all Subscribers, and (iii) at any time upon request:

(1) Products and services offered; and

(2) Prices and options for programming services and conditions of subscription to
programming and other services; and

(3) Installation and service maintenance policies; and

(4) Instructions on how to use the Cable Service; and

(5) Channel positions of programming carried on the System; and

(6) Billing and complaint procedures, including the address and telephone number of
the Grantor office designated for dealing with cable-related issues.

(e) Subscribers shall be notified of any changes in rates, programming services or channel positions as soon as possible in writing and in accordance with State and Federal Law. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the Grantee. In additions, Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the information required in Section 4.08.320 D above.

[History: formerly § 4.08.320; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Upon thirty (30) days prior written notice, Grantee shall respond to a request for information made by Grantor regarding Grantee's compliance with any or all of the standards required in Sections 4.08.300, 4.08.310, and 4.08.320 above. Grantee shall provide sufficient documentation to permit Grantor to verify Grantee's compliance. Grantee may request and Grantor shall not unreasonably deny a request for extension of time.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-12

(b) A repeated and verifiable pattern of non-compliance with the consumer protection standards of Sections 4.08.300, 4.08.310, and 4.08.320 above, after Grantee's receipt of due notice and a reasonable opportunity to cure, may be deemed a material breach of the Franchise Agreement.

[History: formerly § 4.08.330; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Grantee shall establish written procedures for receiving, acting upon and resolving Subscriber complaints without intervention by the Grantor. The written procedures shall prescribe the manner in which a Subscriber may submit a complaint in writing specifying the Subscriber's grounds for dissatisfaction. Grantee shall file a copy of these procedures with Grantor. The written procedures shall include a requirement that Grantee respond to any written complaint from a Subscriber within fifteen (15) days of receipt.

(b) Upon prior written request, Grantor shall have the right to review Grantee's response to any Subscriber complaints in order to determine Grantee's compliance with the Franchise requirements, subject to the Subscriber's right to privacy.

(c) Subject to applicable law, it shall be the right of all Subscribers to continue receiving Cable Service insofar as their financial and other obligations to the Grantee are honored. In the event that the Grantee elects to rebuild, modify, or sell the System, or the Grantor gives notice of intent to terminate or not to renew the Franchise, the Grantee shall act so as to ensure that all Subscribers receive Cable Service so long as the Franchise remains in force.

(d) In the event of a change of control of Grantee, or in the event a new operator acquires the System, the original Grantee shall cooperate with the Grantor, new Grantee or operator in maintaining continuity of service to all Subscribers. During such period, Grantee shall be entitled to the revenues for any period during which it operates the System.

[History: formerly § 4.08.340; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) In the event Grantee fails to operate the System for seven (7) consecutive days without prior approval or subsequent excuse of the Grantor, the Grantor may, at its sole option, operate the System or designate an operator until such time as Grantee restores service under conditions acceptable to the Grantor or a permanent operator is selected. If the Grantor should fulfill this obligation for the Grantee, then during such period as the Grantor fulfills such obligation, the Grantor shall be entitled to collect all revenues from the System, and the Grantee shall reimburse the Grantor for all reasonable costs or damages in excess of the revenues collected by Grantor that are the result of Grantee's failure to perform.

(b) All officers, agents or employees of Grantee or its contractors or subcontractors who, in the normal course of work come into contact with members of the public or who require entry onto Subscribers' premises shall carry photo-identification card. Grantee shall account for all identification cards at all times. Every vehicle of the Grantee or its major subcontractors shall be clearly identified as working for Grantee.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-13

(c) Additional service standards and standards governing consumer protection and response by Grantee to Subscriber complaints not otherwise provided for in this Ordinance may be established in the Franchise Agreement or by separate ordinance. A verified and continuing pattern of noncompliance may be deemed a material breach of the Franchise, provided that Grantee shall receive due process, including prior written notification and a reasonable opportunity to cure, prior to any sanction being imposed.

[History: formerly § 4.08.350; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Following the issuance and acceptance of the Franchise, the Grantee shall pay to the Grantor a Franchise Fee or right of way use fee on Gross Annual Revenues in the amount and at the times set forth in the Franchise Agreement.

(b) The Grantor, on an annual basis, shall be furnished a statement within ninety (90) days of the close of the calendar year, either audited and certified by an independent certified public accountant or certified by an officer of the Grantee, reflecting the total amounts of gross revenues and all payments, deductions and computations for the period covered by the payment. Upon thirty (30) days prior written notice, Grantor shall have the right to conduct an independent financial audit of Grantee's Gross Annual Revenue and Franchise Fee records, in accordance with Generally Accepted Accounting Procedures (GAAP), and if such audit indicates a Franchise Fee underpayment of three percent (3%) or more, the Grantee shall assume all reasonable documented costs of such audit.

(c) Except as otherwise provided by law, no acceptance of any payment by the Grantor shall be construed as a release or as an accord and satisfaction of any claim the Grantor may have for further or additional sums payable as a Franchise Fee under this Ordinance or for the performance of any other obligation of the Grantee.

(d) In the event that any Franchise Fee payment or payment of any adjustment to any Franchise Fee is not made on or before the dates specified in the Franchise Agreement, Grantee shall pay:

(1) An interest charge, computed from such due date, at an annual rate equal to the
highest of the most recently published prime lending rate of any of the five (5) largest
member banks of the New York Clearing House Association, plus one percent (1%)
during the period for which payment was due; and

(2) If the payment is late by six (6) months or more, a sum of money equal to five
percent (5%) of the amount due in order to defray those additional expenses and costs
incurred by the Grantor due to Grantee's delinquent payment.

(e) Franchise fee payments shall be made in accordance with the schedule indicated in the Franchise Agreement.

[History: formerly § 4.08.400; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-14

(a) Grantor may require Grantee to provide a security fund, in an amount and form established in the Franchise Agreement. The amount of the security fund shall be established based on the extent of the Grantee's obligations under the terms of the Franchise.

(b) The security fund shall be available to Grantor to satisfy all claims, liens and/or taxes due Grantor from Grantee which arise by reason of construction, operation, or maintenance of the System, and to satisfy any actual or liquidated damages arising out of a material breach of the Franchise Agreement, subject to the procedures and amounts designated in the Franchise Agreement.

(c) If the security fund is drawn upon by Grantor in accordance with the procedures established in this Ordinance and the Franchise Agreement, Grantee shall cause the security fund to be replenished to the original amount no later than thirty (30) days after receiving written confirmation from the bank where such security fund is deposited that Grantor has made a draw against the security fund. Failure to replenish the security fund shall be deemed a material breach of the Franchise.

[History: formerly § 4.08.410; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Grantee shall not construct any Cable System facilities until Grantee has secured the necessary permits from Grantor, or other responsible public agencies.

(b) In those areas of the City where transmission lines or distribution facilities of the public utilities providing telephone and electric power service are underground, the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities underground.

(c) In those areas of the City where the Grantee's cables are located on the above-ground transmission or distribution facilities of the public and municipal utility providing telephone or electric power service, and in the event that the facilities of both such public and municipal utilities subsequently are placed underground, then the Grantee likewise shall reconstruct, operate and maintain its transmission and distribution facilities underground, at Grantee's cost, provided, however, that if Grantee is required by the Grantor to place any of its pre-existing above-ground Cable System underground, than Grantee shall be allowed to pass such under grounding costs onto its Subscribers, in accordance with Federal Law. Certain of Grantee's equipment, such as pedestals, amplifiers and power supplies, which normally are placed above ground, may continue to remain in above-ground enclosures, unless otherwise provided in the Franchise Agreement.

(d) Any changes in or extensions of any poles, anchors, wires, cables, conduits, vaults, laterals or other fixtures and equipment (herein referred to as "Structures"), or the construction of any additional Structures, in, upon, along, across, under or over the streets, alleys and public ways shall be made under the direction of the City Engineer or designee, who shall, if the proposed change, extension or construction conforms to the provisions hereof, issue written permits therefor. The height above public thoroughfares of all aerial wires shall conform to the requirements of the California regulatory body having jurisdiction thereof.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-15

(1) Transmission and distribution Structures, lines and equipment erected by the Grantee shall be located so as not to interfere with the proper use or accessibility of the Public Rights-of-Way, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said Public Rights-of-Way, and not to materially interfere with existing public and municipal utility installations.

(2) In the event that any property or improvement of the Grantor in the Public
Rights-of-Way is disturbed or damaged by the Grantee or any of its contractors, agents
or employees in connection with undertaking any and all work pursuant to the rights
granted to the Grantee pursuant to this Ordinance and the Franchise Agreement, the
Grantee shall promptly, at the Grantee's sole cost and expense, restore as nearly as
practicable to their former condition said property or improvement which was so
disturbed or damaged. If such property or improvement shall within one (1) year of the
date the restoration was completed, become uneven, unsettled or otherwise require
additional restorative work, repair or replacement because of the initial disturbance or
damage to the property by the Grantee, then the Grantee, as soon as reasonably
possible, shall, promptly upon receipt of written notice from the Grantor and at the
Grantee's sole cost and expense, restore as nearly as practicable to their former
condition said property or improvement which was disturbed or damaged. Any such
restoration by the Grantee shall be made in accordance with such materials and
specifications as may, from time to time, be provided for by Grantor ordinance.

(3) Prior to commencing any work on the System in the Public Rights-of-Way, the
Grantee shall obtain any and all permits, licenses and authorizations lawfully required for
such work. If emergency work on the System in the Public Right-of-Way is required, the
Grantee shall with all due diligence, seek to obtain any and all such required permits,
licenses and authorizations within three (3) working days after commencing such
emergency work.

(4) There shall be no unreasonable or unnecessary obstruction of the Public Rights-
of-Way, including accessibility to the Public Rights-of-Way, by the Grantee in connection
with any of the work provided for herein. The Grantee shall maintain the accessibility of
Public Rights-of-Way and any barriers, signs and warning signals during any work
performed on or about the Public Rights-of-Way or adjacent thereto as may be
necessary to reasonably avoid injury or damage to life and property.

(5) If the Grantor lawfully elects to alter or change the grade or location of any
Public Right-of-Way, the Grantee shall, upon reasonable notice by the Grantor, and in a
timely manner, remove, relay and relocate its poles, wires, cables, underground
conduits, manholes and other fixtures at it own expense. If, however, other similarly
situated users of such Public Rights-of-Way are compensated or reimbursed for any of
the cost associated with the removal, relay or relocation of any equipment or facilities,
Grantee shall be entitled to compensation in kind.

(6) The Grantee shall not place poles, conduits or other fixtures above or below
ground where the same will interfere with any gas, electric, telephone fixtures, water
hydrants or other utility, and all such poles, conduits or other fixtures placed in any
street shall be so placed as to comply with all ordinances of the Grantor.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-16

(7) In accordance with applicable law, the Grantee or any other utility user of the Public Rights-of-Way may be required by the Grantor to permit joint use of its poles and/or conduit located in the Public Rights-of-Way, by any other user or utility insofar as such joint use may be reasonably practicable and upon payment of a reasonable rental fee for such usage. In the absence of agreement regarding such joint use, each party shall be entitled to exercise any rights and defenses provided by applicable law.

(8) The Grantee shall, on request of any Person holding a moving permit issued by
the Grantor, temporarily raise or lower its wires or fixtures to permit the moving of
buildings. The expense of such temporary raising or lowering of wires or fixtures shall
be paid by the Person requesting the same, and the Grantee shall have the authority to
require such payment in advance. The Grantee shall be given not less than five (5)
business days prior written notice to arrange for the temporary wire or equipment
changes.

(9) Notwithstanding any ordinance governing the trimming of trees, the Grantee
shall have the authority to trim any trees or other natural growth overhanging the Public
Rights-of-Way so as to prevent the branches of such trees or other natural growth from
coming in contact with the Grantee's wires, cables and other equipment. The Grantor
may require all trimming of trees and natural growth to be done under its supervision
and direction, at the expense of the Grantee.

[History: formerly § 4.08.450; ORD. 549, 3/10/99; ORD. 638, 12/14/05; ORD. 689,
3/10/10]

(a) Subject to applicable law, in the event that more than one (1) Franchise is awarded, the Grantor reserves the right to limit the number of drop cables per residence.

(b) The Grantor reserves the right to grant an encroachment permit to a Cable Franchisee applicant to install conduit and/or cable in anticipation of the granting of a Franchise. Such installations shall be at the applicant's risk, with no recourse against the Grantor in the event the pending Franchise application is not granted. The Grantor may require an applicant to provide a separate trench for its conduit and/or cable, at the applicant's cost.

(c) If the Grantor authorizes or permits another Cable System to operate within the municipal limits of the City, it shall do so on conditions that such new Cable System entrant indemnify and hold harmless the Grantee from and against all costs and expenses incurred in strengthening poles, replacing poles, rearranging attachments, placing underground facilities and all other costs including those of Grantee, the City and utilities, incident to inspections, make ready, and construction of an additional Cable System in the Franchise Area; and Grantee shall be designated a third party beneficiary of such conditions as are incorporated into the authorization(s) granted to such new entrant Cable System.

[History: 4.08.460; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-17

The Grantee shall construct, install, operate and maintain its Cable System in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and any detailed standards set forth in its Franchise Agreement. In addition, the Grantee shall provide to the Grantor, upon written request, a written report of the results of the Grantee's periodic proof of performance tests conducted pursuant to FCC and Franchise standards and guidelines.

[History: formerly § 4.08.500; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

Repeated and verified failure to maintain specified technical standards shall constitute a material breach of the Franchise.

[History: formerly § 4.08.510; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

Grantee shall indemnify, defend and hold Grantor, its officers, agents and employees harmless from any liability, claims, damages, costs or expenses, to the extent provided in the Franchise Agreement. The grantee shall have no recourse whatsoever against the city for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter or of any franchise issued under this chapter or because of its enforcement.

[History: formerly § 4.08.550; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) On or before commencement of Franchise operations, the Grantee shall furnish to Grantor Certificates of Insurance for liability, Workers' Compensation and property insurance from appropriately qualified insurance companies, which shall be "admitted" in the State of California. The Certificates of Insurance shall provide that the insurance is in force and will not be canceled or modified without thirty (30) days prior written notice to Grantor. The Certificates of Insurance shall be in a form satisfactory to Grantor. The Grantee shall maintain at its cost throughout the term of the Franchise, the following insurance:

(b) The policy of liability insurance shall:

(1) Name Grantor, its officers, agents and employees as additional insureds;

(2) Indemnify all liability for personal and bodily injury, death and damage to
property arising from activities conducted and premises used pursuant to this Ordinance
by providing coverage therefore, including but not limited to:

(A) Negligent acts or omissions of Grantee, and its agents, servants and
employees, committed in the conduct of Franchise operations, and/or

(B) Use of motor vehicles;

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-18

(3) Provide a combined single limit for comprehensive general liability and comprehensive automobile liability insurance in the amount provided for in the Franchise Agreement.

(c) The policy of Workers' Compensation Insurance shall comply with the laws of the State of California.

(d) The policy of property insurance shall provide fire insurance with extended coverage on the Franchise property used by Grantee in the conduct of Franchise operations in an amount adequate to enable Grantee to resume Franchise operations following the occurrence of any risk covered by this insurance.

(e) The Certificates of Insurance shall indicate the following information:

(1) The policy number;

(2) The date upon which the policy will become effective and the date upon which it
will expire;

(3) The names of the named insureds and any additional insured required by the
Franchise Agreement;

(4) The subject of the insurance;

(5) The type of coverage provided by the insurance; and

(6) The amount or limit of coverage provided by the insurance.

(f) If the Certificates of Insurance do not provide all of the above information, Grantor reserves the right to inspect the relevant insurance policies.

(g) The commencement of Franchise operations shall not begin until Grantee has complied with the aforementioned provisions of this Section.

(h) In the event Grantee fails to maintain any of the above-described policies in full force and effect, Grantor shall, upon forty-eight (48) hours notice to Grantee, have the right to procure the required insurance and recover the cost thereof from Grantee. Grantor shall also have the right to suspend the Franchise during any period that Grantee fails to maintain said policies in full force and effect. In order to account for increases in consumer prices, no more than once during any five (5) year period, Grantor shall have the right to order Grantee to increase the amounts of the insurance provided in the Franchise Agreement. Such order may be made by Grantor after conducting a duly noticed public hearing. Increases in insurance coverage shall be based upon current prudent business practices of like enterprises involving the same or similar risks.

[History: formerly § 4.08.560; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Grantee shall at all times maintain and make available to grantor upon request:

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-19

(1) A record of all service calls and interruptions or degradation of service experienced for the preceding two (2) years, provided that such complaints result in or require a service call, subject to the Subscriber's right of privacy.

(2) A full and complete set of plans, records and as-built maps showing the locations
of the Cable System installed or in use in the City, exclusive of Subscriber service drops
and equipment provided in Subscriber's homes.

(3) If requested by Grantor, a summary of service calls, identifying the number,
general nature and disposition of such calls, on a monthly basis. A summary of such
service calls shall be submitted to the Grantor within thirty (30) days following any
written request by Grantor, in a form reasonably acceptable to the Grantor.

(b) The Grantor may impose reasonable requests for additional information, records and documents from time to time, provided they reasonably relate to the scope of the City's rights under this Ordinance or the Grantee's Franchise Agreement.

(c) Upon reasonable notice, and during normal business hours, Grantee shall permit examination by any duly authorized representative of the Grantor of all:

(1) Franchise property and facilities, together with any appurtenant property and
facilities of Grantee situated within the Service Area; and

(2) All records relating to the Franchise, provided they are necessary to enable the
Grantor to carry out its regulatory responsibilities under this Ordinance or the Franchise
Agreement. Grantee shall have the right to be present at any such examination.

[History: formerly § 4.08.600; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Within one hundred twenty (120) days of a written request by Grantor, Grantee shall submit a report to Grantor with respect to the preceding calendar year. The report shall be in a form approved by Grantor, including, but not limited to, the following information:

(1) A summary of the previous year's (or in the case of the initial reporting year, the
initial year's) activities in development of the Cable System, including but not limited to,
services begun or discontinued during the reporting year;

(2) A list of Grantee's officers and members of its board of directors;

(3) A list of stockholders or other equity investors holding five percent (5%) or more
of the voting interest in Grantee;

(4) An indication of any residences in Grantee's Service Area where service is not
available, and a schedule for providing service;

(5) Information as to -

(A) the number of homes passed;

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-20

(B) total Subscribers; and

(C) the total number of Basic and total number of Pay Subscribers.

(6) Any other information relevant to Franchise regulation which the Grantor shall
reasonably request, and which is relevant to its regulatory responsibilities.

(b) Upon request, Grantee shall submit to Grantor copies of all pleadings, applications and reports submitted by Grantee to any Federal, State or local court, regulatory agency, or other governmental body as well as copies of all decisions issued in response to such pleadings, applications and reports, which are non-routine in nature and which will materially affect its Cable System within the Franchise Area. Information otherwise confidential by law and so designated by Grantee, which is submitted to Grantor, shall be retained in confidence by Grantor and its authorized agents and shall not be made available for public inspection. Notwithstanding the foregoing, Grantee shall have no obligation to provide copies of documents to Grantor which contain trade secrets of Grantee or which are otherwise of a confidential or proprietary nature to Grantee unless it receives satisfactory assurances from Grantor that such information can and will be held in strictest confidence and protected by the Grantor. To the extent possible, Grantee will provide Grantor with summaries of any required documents or copies thereof with trade secrets and proprietary matters deleted there from. The burden of proof shall be on Grantee to establish the confidential nature of any information submitted, to the reasonable satisfaction of the Grantor.

(c) If Grantee is publicly held, a copy of the most current published 10K of the Grantee=s parent shall be submitted to Grantor.

(d) Upon Grantor's request, but no more than annually, Grantee shall submit to Grantor a privacy report indicating the degree of compliance with the provisions contained in Section 4.08.180 herein and all steps taken to assure that the privacy rights of individuals have been protected.

(e) All reports required under this Ordinance, except those required by law to be kept confidential, shall be available for public inspection in the Grantor's offices during normal business hours.

(f) All reports and records required to be delivered to Grantor under this Ordinance shall be furnished at the sole expense of Grantee, except as otherwise provided in the Franchise Agreement.

(g) The willful refusal, failure, or willful negligence of Grantee to file any of the reports required as and when due under this Ordinance, may be deemed a material breach of the Franchise Agreement if such reports are not provided to Grantor within thirty (30) days after written request therefore, and may subject the Grantee to all remedies, legal or equitable, which are available to Grantor under this Ordinance or the Franchise Agreement.

(h) Any materially false or misleading statement or representation made knowingly and willfully by the Grantee in any report required under this Ordinance or under the Franchise Agreement may be deemed a material breach of the Franchise and may subject Grantee to all remedies, legal or equitable, which are available to Grantor.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-21

[History: formerly § 4.08.610; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Every two (2) years throughout the term of the Franchise, if reasonably requested by prior written notice from the Grantor, Grantor and Grantee shall meet publicly to review System performance and quality of service. The various reports required pursuant to this Ordinance, results of technical performance tests, the record of Subscriber complaints and Grantee's response to those complaints, shall be utilized as the basis for review. In addition, any Subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. Within thirty (30) days after the conclusion of such a review meeting, Grantor may issue findings with respect to the Cable System's Franchise compliance and quality of service.

(b) If Grantor determines that Grantee is not in compliance with the requirements of this Ordinance or the Grantee's Franchise Agreement, Grantor shall provide Grantee, in the form of written findings, the specific details of each alleged noncompliance, Grantor may then direct Grantee to correct the areas of noncompliance within a reasonable period of time. Failure of the Grantee, after thirty (30) day notice, to:

(1) Correct the area(s) of noncompliance within the period specified therefore; or

(2) Commence compliance within such period and diligently achieve compliance
thereafter; or

(3) Demonstrate that the allegations of noncompliance are incorrect;

shall be considered a material breach of the Franchise, and Grantor may exercise any remedy within the scope of this Ordinance and the Franchise Agreement considered appropriate under the circumstances.

[History: formerly § 4.08.650; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

When there have been extensive complaints made or where there exists other demonstrative evidence which, in the reasonable judgment of the Grantor, casts reasonable doubt on the reliability or quality of Cable Service to the effect that the Grantee is not in compliance with the requirements of this Ordinance or its Franchise, the Grantor shall have the right to compel the Grantee to test, analyze and report on the performance of the Cable System in order to protect the public against substandard Cable Service. Grantor may not compel Grantee to provide such tests or reports unless and until Grantor has provided Grantee with at least thirty (30) days prior written notice of its intention to exercise its rights under this Section and has provided Grantee with an opportunity to be heard prior to its exercise of such rights. Such test or tests shall be made and the report shall be delivered to the Grantor no later than thirty (30) days after the Grantor notifies the Grantee in writing that it is exercising such right, and shall be made at Grantee's sole cost. Such report shall include the following information: The nature of the complaints which precipitated the special tests, what System component was tested, the equipment used and procedures employed in said testing, the results of such tests, and the

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-22

method by which such complaints were resolved. Any other information pertinent to the special test shall be recorded.

[History: formerly § 4.08.660; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

If Grantee fails to perform in a timely manner any material obligation required by this Ordinance or a Franchise granted hereunder, following reasonable written notice from the Grantor and a reasonable opportunity to cure such nonperformance in accordance with the provisions of Section 15 of this Ordinance and the Franchise, Grantor may at its option and in its sole discretion:

(a) Cure the violation and recover the actual cost thereof from the security fund established herein if such violation is not cured within thirty (30) days after written notice to the Grantee of Grantor's intention to cure and draw upon the security fund;

(b) Assess against Grantee liquidated damages in an amount set forth in the Franchise Agreement for any such violations(s) if such violation is not cured, or if Grantee has not commenced a cure, on a schedule reasonably acceptable to Grantor, within thirty (30) days after written notice to the Grantee of Grantor's intention to assess liquidated damages. Such assessment may be withdrawn from the security fund, and shall not constitute a waiver by Grantor of any other right or remedy it may have under the Franchise or applicable law, including without limitation, its right to recover from Grantee such additional damages, losses, costs and expenses, including actual attorney's fees, as may have been suffered or incurred by Grantor by reason of or arising our of such material breach of the Franchise.

[History: formerly § 4.08.700; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Prior to imposing any remedy or other sanction against Grantee specified in this Ordinance, Grantor shall give Grantee notice and opportunity to be heard on the matter, in accordance with the following procedures:

Grantor shall first notify Grantee of the alleged violation in writing by personal delivery or registered or certified mail, and demand correction, or evidence of non-violation, within a reasonable time, which shall not be less than fifteen (15) business days in the case of the failure of the Grantee to pay any sum or other amount due the Grantor under this Ordinance or the Grantee's Franchise and thirty (30) business days in all other cases. If Grantee fails to:

(1) correct the alleged violation within the time prescribed; or

(2) commence correction of the alleged violation within the time prescribed and
diligently remedy such alleged violation thereafter; or

(3) provide evidence that there is no violation,

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-23

the Grantor shall then give, by personal delivery or registered or certified mail written notice of not less than thirty (30) days of a public hearing to be held before the Council. Said notice shall set forth in detail each of the violations alleged to have occurred.

(b) Subsequent to the public hearing, the Council shall hear and consider all other relevant evidence, and thereafter render findings and its decision.

(c) If the Council finds that

(1) The Grantee has corrected the alleged violation; or

(2) The Grantee has diligently commenced correction of such alleged violation after
notice thereof and is diligently proceeding to fully remedy such alleged violation; or

(3) No material violation has occurred,

then the proceedings shall terminate and no penalty or other sanction shall be imposed.

(d) If the Council finds that material violations exist and that Grantee:

(1) Has not corrected the same in a satisfactory manner; or

(2) Has not diligently commenced correction of such violation after notice thereof
and is not diligently proceeding to fully remedy such violation;

then the Council may impose one (1) or more of the remedies provided in this Ordinance and the Franchise Agreement as it, in its discretion, deems appropriate under the circumstances.

[History: formerly § 4.08.710; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Grantor may revoke any Franchise granted pursuant to this Ordinance and rescind all rights and privileges associated with it in the following circumstances, each of which shall represent a default by Grantee and a material breach under the Franchise:

(1) If Grantee fails to perform any of its material obligations under this Ordinance or
the Franchise Agreement and continues such failure to perform after receipt of due
notice and a reasonable opportunity to cure;

(2) If Grantee fails to provide or maintain in full force and effect the insurance
coverage or security fund as required in the Franchise Agreement;

(3) If Grantee knowingly violates any order or ruling of any regulatory body having
jurisdiction over the Grantee relative to the Grantee's Franchise, unless such order or
ruling is being contested by Grantee in good faith in an appropriate proceeding;

(4) If Grantee knowingly practices any material fraud or deceit upon Grantor;

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-24

(5) If Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt.

(b) After completing the procedures set forth in Section 4.08.150b above, the Grantor may make a formal request before the Council that the Grantee's Franchise be revoked. The Council shall cause to be served on the Grantee written notice of its intent to consider revoking Grantee' Franchise. Such notice shall be served on Grantee at least thirty (30) days prior to the date of the hearing on the issue. The notice shall contain the time an place of the hearing and shall be published at least once in a newspaper of general circulation within the Franchise area ten (10) days prior to the hearing date.

(c) The Council shall hear any Person(s) interested in the revocation and within ninety (90) days after the date of the hearing shall make its determination, based on a preponderance of the evidence, whether the Grantee has committed a material breach of the Franchise.

(d) If the Grantor determines that the Grantee has committed a material breach, then the Grantor may:

(1) Declare the Franchise revoked and the security fund and bonds forfeited; or

(2) If the material breach is curable by the Grantee, direct the Grantee to take
appropriate remedial action within the time and manner and under the terms and
conditions reasonably specified by the Grantor.

(e) The termination and forfeiture of the Grantee's Franchise shall in no way affect any right of Grantor to pursue any remedy under the Franchise or any provision of law.

[History: formerly § 4.08.720; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

The Grantee may appeal a finding of revocation made pursuant to Section 4.08.720 to an appropriate court of jurisdiction, which shall have the power to review "de novo." Any such appeal must be taken by the Grantee within sixty (60) days of the issuance of the Grantor's decision to revoke the Franchise.

[History: formerly § 4.08.730; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

In the event Grantee's performance of any of the terms, conditions or obligations required by this Ordinance or a Franchise granted hereunder is prevented by a cause or event not within Grantee's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that such inability to perform shall not relieve a Grantee from the obligations imposed by Section 4.08.180 pertaining to refunds and credits for interruptions in service. For the purpose of this Section, causes or events not within the control of Grantee shall include without limitation acts of God, war, strikes, sabotage, riots or civil disturbances, labor disputes, restraints imposed by order of a governmental agency or court, explosions, acts of public enemies, and natural disasters such as

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-25

floods, earthquakes, landslides, and fires, but shall not include financial inability of the Grantee to perform or failure of the Grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Grantee, or the failure of the Grantee to secure supplies, services or equipment necessary for the installation, operation, maintenance or repair of the Cable System where the Grantee has failed to exercise reasonable diligence to secure such supplies, services or equipment.

[History: formerly § 4.08.750; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) If the Grantee discontinues the use of any of its property within the Public Rights-of- Way for a continuous period of twelve (12) months, such property shall be deemed to have been abandoned by Grantee. Any part of the Cable System that is parallel or redundant to other parts of the System and is intended for use only when needed as a backup for the System or a part thereof shall not be deemed to have been abandoned because of its lack of use.

(b) Grantor, upon such reasonable terms as Grantor may lawfully impose, may give Grantee permission to abandon, without removing, any System facility or equipment laid, directly constructed, operated or maintained under the Franchise. Unless such permission is granted or unless otherwise provided in this Ordinance, the Grantee shall remove all abandoned above- ground facilities and equipment upon receipt of written notice from Grantor and shall restore any affected Public Right-of-Way to its former state at the time such facilities and equipment were installed. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all Public Rights-of-Way in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles, or attachments. Grantor shall have the right to inspect and approve the condition of the Public Rights-of-Way, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this Ordinance and the security fund as provided herein shall continue in full force and effect during the period of removal and until full compliance by Grantee with the terms and conditions of this Section 4.08.170.

(c) Upon the approved abandonment of any Franchise property, the Grantee, if required by the Grantor, shall submit to the Grantor an instrument, satisfactory in form to the Grantor, transferring to the Grantor the ownership of the abandoned Franchise property.

(d) At the expiration of the term for which the Franchise is granted, or upon its revocation or earlier expiration, as provided herein, in any such case without renewal, the Grantor shall have the right to require Grantee to remove, at its own expense, all above-ground portions of the Cable System from all streets and public ways within the Service Area within a reasonable period of time, which shall not be less than one hundred eighty (180) days.

(e) Notwithstanding anything to the contrary set forth in this Ordinance, the Grantee may abandon any underground Franchise property in place so long as it does not materially interfere with the use of the Public Rights-of-Way in which such property is located or with the use thereof by any public utility or other Franchise holder.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-26

[History: formerly § 4.08.800; ORD. 638, 12/14/05]

Upon reasonable written notice and upon the failure of the Grantee to commence, pursue or complete any work to be done in any Public Right-of-Way required by law or by the provisions of this Ordinance or the Franchise Agreement, within the time prescribed and to the reasonable satisfaction of the Grantor, the Grantor may cause the work to be commenced and/or completed. The Grantor shall provide to the Grantee an itemized work order setting forth in detail the exact nature of the work completed and the supplies used in such work. The Grantee shall pay to the Grantor the reasonable costs for such work no later than thirty (30) days after receipt of the itemized work order.

[History: formerly § 4.08.810; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

Upon expiration or revocation of the Franchise, the Grantor shall have the discretion to permit Grantee to continue to operate the Cable System for an extended period of time. Grantee shall continue to operate the System under the terms and conditions of this Ordinance and the Franchise and to provide the regular Subscriber service and any and all of the services that may be provided at that time. It shall be the right of all Subscribers to continue to receive all available services provided that financial and other obligations to Grantee are honored. The Grantee shall use reasonable efforts to provide continuous, uninterrupted service to its Subscribers, including operation of the System during transition periods following Franchise expiration or termination.

[History: formerly § 4.08.820; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) At the option of the Grantor and subject to applicable law, a Franchise granted hereunder may be revoked one hundred twenty (120) days after appointment of a receiver(s) or trustee(s) to take over and conduct the business of Grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless:

(1) the receivership or trusteeship shall have been vacated within said one hundred
twenty (120) days; or

(2) such receivers or trustees within said one hundred twenty (120) days shall have
remedied all the defaults under the Franchise or provided a plan for the remedy of such
defaults which is satisfactory to the Grantor; or

(3) such receivers or trustees shall, within said one hundred twenty (120) days, have
executed an agreement duly approved by the court having jurisdiction whereby such
receivers or trustees assume and agree to be bound by each and every term, provision
and limitation of the Franchise.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-27

(b) In the case of a foreclosure or other judicial sale of the Cable System, in whole or in part, the Grantor may serve notice of revocation upon Grantee and the successful bidder at such sale, and all rights and privileges of the Grantee hereunder shall be revoked thirty (30) days after service of such notice, unless:

(1) Grantor shall have approved the transfer of the Franchise, in the manner
provided by law; and

(2) the successful bidder shall have covenanted and agreed with Grantor to assume
and be bound by all terms and conditions of the Franchise.

[History: formerly § 4.08.830; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) There is reserved to the City every right and power which is required to be reserved in this chapter or provided by any ordinance of the City, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted or established.

(b) Nothing in this chapter shall be deemed or construed to impair or affect in any way, to any extent, the right of the City to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this chapter shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain, subject to applicable state and/or federal regulations.

(c) Neither the granting of any franchise under this chapter nor any of the provisions contained in this chapter shall be construed to prevent the City from granting any identical or similar franchise to any other person, firm or corporation, within all or any portion of the city.

(d) Neither the granting of any franchise nor any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the City.

(e) The Council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder.

(1) The Grantee shall be required to give notice to all subscribers of the import of
this subsection, in a form to be approved by the city manager, on the billing at least
once every six months. The notice shall specify the right of the subscriber to have his
controversy with the grantee adjusted, settled or compromised by the city manager.

(2) The city manager is authorized and empowered to adjust, settle or compromise
any controversy or charge arising from the operations of any grantee under this chapter,
either on behalf of the City, the grantee or any subscriber, in the best interest of the
public. Either the grantee or any member of the public who may be dissatisfied with the
decision or the city manager may appeal the matter to the Council for hearing and

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-28

determination. The Council may accept, reject or modify the decision of the City manager, and the Council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter.

[History: formerly § 4.08.900; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

The Grantor shall have the right to waive any provision of the Franchise, except those required by Federal or State regulation, if the Grantor determines (1) that it is in the public interest to do so, and (2) that the enforcement of such provision will impose an undue hardship on the Grantee or on the Subscribers. To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representative of the Grantor. Waiver of any provision in one (1) instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the Franchise unless the statement so recites.

[History: formerly § 4.08.910; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers, channel users, or general citizens on the basis of race, color, religion, or sex. Grantee shall comply at all times with all other applicable Federal, State and local laws and regulations relating to nondiscrimination.

(b) Grantee shall adhere to the applicable equal employment opportunity requirements of Federal, State and local regulations, as now written or as amended from time to time.

(c) Neither Grantee, nor any Person, agency, or entity shall, without the Subscriber's consent, tap, or arrange for the tapping, of any cable, line, signal input device, or Subscriber outlet or receiver for any purpose except routine maintenance of the System, detection of unauthorized service, polling with audience participation, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified.

(d) In the conduct of providing its Cable Services or in pursuit of any collateral commercial enterprise resulting therefrom, Grantee shall take reasonable steps to prevent the invasion of a Subscriber's or general citizen's right of privacy or other personal rights through the use of the System as such rights are delineated or defined by applicable law. The Grantee shall not without lawful court order or other applicable valid legal authority utilize the System's interactive two-way equipment or capability, if such equipment or capability exists, for unauthorized personal surveillance of any Subscriber or general citizen.

(e) No cable line, wire amplifier, converter, or other piece of equipment owned by Grantee shall be installed by Grantee in the Subscriber's premises, other than in appropriate easements, without first securing any required consent. If a Subscriber requests service, permission to install upon Subscriber's property shall be deemed granted.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-29

(f) The Grantee, or any of its agents or employees, shall not sell, or otherwise make available to any party without consent of the Subscriber pursuant to State and Federal privacy laws:

(1) Any list of the names and addresses of Subscribers containing the names and
addresses of Subscribers who request in writing to be removed from such list; and

(2) Any list which identifies the viewing habits of individual Subscribers, without the
prior written consent of such Subscribers. This does not prohibit the Grantee from
providing composite ratings of Subscriber viewing to any party.

[History: formerly § 4.08.920; ORD. 549, 3/10/99; ORD. 638, 12/14/05]

(a) Purpose. Sections 4.08.500 through 4.08.570 are intended to be applicable to state franchise holders who have been awarded a state video franchise under the California Public Utilities Code section 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006 [“DIVCA”]), to serve any location(s) within the incorporated boundaries of the Town. It is the purpose of these sections to implement within the incorporated boundaries of the Town the provisions of DIVCA and the rules of the California Public Utilities Commission promulgated thereunder that are applicable to a “local franchising entity” or a “local entity” as defined in DIVCA.

(b) Rights Reserved.

(1) The rights reserved to the Town under this Section 4.08.500 are in addition to all
other rights of the Town, whether reserved by Section 4.08.500 or authorized by law,
and no action, proceeding or exercise of a right shall affect any other rights which may
be held by the Town.

(2) Except as otherwise provided by DIVCA, a state franchise shall not include, or be
a substitute for:

(A) compliance with generally applicable requirements for the privilege of
transacting and carrying on a business within the Town, including, but not
limited to, compliance with the conditions that the Town may establish before
facilities may be constructed for, or providing, non-video services;

(B) any permit or authorization required in connection with operations on or
in public rights-of-way or public property, including, but not limited to,
encroachment permits, street work permits, pole attachment permits and street
cut permits; and

(C) any permit, agreement or authorization for occupying any other property
of the Town or any private person to which access is not specifically granted by
the state franchise.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-30

(c) Compliance with Other Ordinances. Nothing contained in section 4.08.500 through 4.08.570 shall ever be construed so as to exempt a state franchise holder from compliance with all ordinances, rules or regulations of the Town now in effect or which may be hereafter adopted which are consistent with this Section or California Public Utilities Code section 5800 et seq.

[History: ORD. 669, 7/9/08]

(a) Definitions Generally -- Interpretation of Language. For purposes of sections 4.08.500 through 4.08.570, the following terms, phrases, words, and their derivations shall have the meaning given in this Section. Unless otherwise expressly stated, words not defined in Section 4.08.510 shall be given the meaning set forth in Section 4.08.050 of the Colma Municipal Code as may be amended from time to time, unless the context indicates otherwise. Words not defined in Subsection (b) or Section 4.08.050 of the Colma Municipal Code shall have the same meaning as established in (1) DIVCA, and if not defined therein, (2) Commission rules implementing DIVCA, and if not defined therein, (3) Title VI of Title 47 of the Communications Act of 1934, as amended, 47USC § 521 et. seq., and if not defined therein (4) their common and ordinary meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and "including" and "include" are not limiting. The word "shall" and “will” are always mandatory. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.

(b) Specific Terms Defined

“Access,” “PEG access,” “PEG use,” or "PEG" means the availability of a cable or state

franchise holder’s system for public, educational, or governmental use by various agencies, institutions, organizations, groups, and individuals, including the Town and its designated access providers, to acquire, create, and distribute programming not under a state franchise holder's editorial control.

“Gross revenues” means all revenues actually received by the holder of a state franchise

that are derived from the operation of the holder's network to provide cable service or video service within the incorporated areas of the Town, subject to the specifications of California Public Utilities Code section 5860.

“State franchise holder” or “State Franchisee” means a cable operator or video service

provider that has been issued a franchise by the California Public Utilities Commission to provide cable service or video service, as those terms are defined in California Public Utilities Code section 5830, within any portion of the incorporated limits of the Town.

[History: Ord. 669, 7/9/08]

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-31

(a) State Franchise Fees. Any state franchise holder operating within the incorporated areas of the Town shall pay to the Town a state franchise fee equal to five percent (5%) of gross revenues.

(b) Payment of Franchise Fees. The state franchise fee required pursuant to this Subsection (c) shall be paid quarterly, in a manner consistent with California Public Utilities Code section 5860. The state franchise holder shall deliver to the Town, by check or other means, which shall be agreed to by the Town, a separate payment for the state franchise fee not later than forty-five (45) days after the end of each calendar quarter. Each payment made shall be accompanied by a report, detailing how the payment was calculated, and shall include such additional information on the appropriate form as designated by the Town.

(c) Audits. The Town may audit the business records of the holder of a state franchise in a manner consistent with California Public Utilities Code section 5860(i).

(d) Late Payments. In the event a state franchise holder fails to make payments required by this Subsection (c) on or before the due dates specified in this section, the Town shall impose a late charge at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent (1%).

(e) Lease of Town-Owned Network. In the event a state franchise holder leases access to a network owned by the Town, the Town may set a franchise fee for access to the Town-owned network separate and apart from the franchise fee charged to state franchise holders pursuant to this Subsection (c), which fee shall otherwise be payable in accordance with the procedures established by this Subsection.

[History: Ord. 669, 7/9/08]

(a) Customer Service Standards. A state franchise holder shall comply with Sections 53055, 53055.2, 53055.2 and 53088.2 of the California Government Code; the FCC customer service and notice standards set forth in Sections 76.309, 76.1602, 76.1603, and 76.1619 of Title 47 of the Code of Federal Regulations; Section 637.5 of the California Penal Code; the privacy standards of Section 551 of Title 47 of the United States Code; and all other applicable state and federal customer service and consumer protection standards pertaining to the provision of cable service or video service, include any such standards hereafter adopted. In case of a conflict, the stricter standard shall apply. All customer service and consumer protection standards under this paragraph shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards.

(b) Penalties for Violations of Standards. The Town shall enforce the compliance of state franchisees with respect to the state and federal customer service and consumer protection standards set forth in paragraph 1 of this Subsection (d). The Town will provide a state franchisee with a written notice of any material breaches of applicable customer service or consumer protection standards, and will allow the state franchisee 30 days from the receipt of

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-32

the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following penalties to be imposed by the Town:

(1) For the first occurrence of a material breach, a fine of $500 may be imposed for
each day the violation remains in effect, not to exceed $1,500 for each violation.

(2) For a second material breach of the same nature within 12 months, a fine of
$1,000 may be imposed for each day the violation remains in effect, not to
exceed $3,000 for each violation.

(3) For a third material breach of the same nature within 12 months, a fine of
$2,500 may be imposed for each day the violation remains in effect, not to
exceed $7,500 for each violation.

(c) Any penalties imposed by the Town shall be imposed in a manner consistent with California Public Utilities Code section 5900.

[History: ORD. 669, 7/9/08]

(a) Requirements. Except as expressly provided in this Section 4.08.500, the provisions of Sections 4.08.260 (“Security Fund”), 4.08.270 (“Construction Requirements - System”), 4.08.280 (“Construction Requirements - Multiple Franchises”), 4.08.290 (“Technical Standards”), 4.08.300 (“Non-compliance with Technical Standards”), 4.08.310 (“Indemnification and Hold Harmless”), and 4.08.320 (“Insurance”) shall apply to all work performed by or on behalf of a state franchise holder on any Town public rights-of-way, public property, or Town easement as those terms are defined in the Colma Municipal Code.

(b) Permits.

(1) Prior to commencing any work for which a permit is required by Subchapter 5.08
of the Colma Municipal Code, a state franchise holder shall apply for and obtain a
permit in accordance with that Subchapter and shall comply with all other
applicable laws and regulations, including but not limited to all applicable
requirements of this Subchapter, Subchapter 5.08 and Division 13 of the
California Public Resources Code, section 21000, et seq. (the California
Environmental Quality Act).

(2) The City Engineer shall either approve or deny a state franchise holder's
application for any permit required under this Section 4.08.540 within sixty (60)
days of receiving a completed permit application from the state franchise holder.

(3) If the City Engineer denies a state franchise holder's application for a permit, the
City Engineer shall, at the time of notifying the applicant of denial, furnish to the
applicant a detailed explanation of the reason or reasons for the denial.

(c) Appeal.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-33

(1) A state franchise holder that has been denied a permit by final decision of the City Engineer may appeal the denial to the City Council. Upon receiving a notice of appeal, the City Council shall take one of the following actions:

(A) Affirm the action of the City Engineer without any further hearing; or

(B) Refer the matter back to the City Engineer for further review with or
without instructions; or

(C) Set the matter for a de novo hearing before the City Council.

(2) In rendering its decision on the appeal, the City Council shall not hear or
consider any argument or evidence of any kind other than the record of the
matter received from the City Engineer unless the City Council is itself conducting
a public hearing on the matter.

(d) Notification to Residents Regarding Construction or Maintenance.

(1) Prior to any construction, rebuild, or upgrade of a cable or video system, a state franchise holder shall establish procedures to notify Town residents in the impacted area of construction schedules and activities. Such notices must be provided in the predominant languages spoken by those persons who work and/or reside in the impacted area. The notices shall be provided to the City Engineer for review and approval no later than twenty (20) days before commencement of construction, rebuild, or upgrade activities.

(2) At a minimum, the notice required in the preceding paragraph shall be provided
by the state franchise holder to impacted residents and occupants in the
construction area not less than forty-eight (48) hours prior to the planned
construction. The state franchise holder shall provide additional notice to the
persons described in paragraph (7) of this Section 4.08.540 on the day of
construction. The notice may be in the form of door hangers that indicate, at a
minimum, the dates and times of construction and the name and telephone
number of a state franchise holder contact.

(3) The state franchise holder shall provide notice at least twenty (20) days prior to
entering private property or public ways or public easements adjacent to or on
such private property, public ways, or public easements, and provide a second
notice three (3) days prior to entering such property.

(A) Should there be above ground or underground installations (excluding
aerial cable lines utilizing existing poles and cable paths) which will affect the
private property, such notice shall be in writing and shall contain specific
information regarding any above ground or underground installations (excluding
aerial cable lines utilizing existing poles and existing cable paths) which shall
affect the private property.

(B) To the extent practicable, aboveground or underground equipment
placed on private property shall be placed at the location requested by the

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-34

property owner. A state franchise holder shall provide the private property owner with at least twenty (20) days advance written notice of its plans to install such equipment, and shall obtain express written consent, in the form of a recorded easement agreement, from the private property owner before installing its appurtenances. The state franchise holder shall notify the property owner, in writing, that the property owner is not obligated to agree to the placement on their property or to enter into an easement agreement with the state franchise holder. Should property owner notify the state franchise holder of objection to placement of any such above-ground or underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), the state franchise holder shall confer with the Town public works department regarding appropriate location and placement of such appurtenances.

(4) In addition to any other notice of proposed entry required under this Section
4.08.540, a state franchise holder's personnel shall make a reasonable attempt
to give personal notice to residents immediately preceding entry on private
property or public ways or public easements adjacent to or on such private
property.

(e) Identification Required. A state franchise holder, its employees, agents, contractors, and subcontractors shall be properly identified as agents of the state franchise holder prior to and during entry on private and public property. Identification shall include the name and telephone number of the state franchise holder on all trucks and vehicles used by installation personnel.

(f) Restoration of Private and Public Property. After performance of work, the state franchise holder shall restore such private and public property to a condition equal to or better than its condition prior to construction. Any disturbance of landscaping, fencing, or other improvements upon private or public property shall, at the sole expense of the state franchise holder, be promptly repaired or restored (including replacement of such valuables as shrubbery and fencing) to the reasonable satisfaction of the property owner, in addition to the furnishing of camouflage plants on public property.

(g) Reports. Each state franchise holder, within 60 days after the expiration of each calendar year, shall file a report with the City Engineer, which shall contain a street and highway map or maps of any convenient scale on which shall be plotted the location of the entire transmission and distribution system or systems covered by the report as of the last day of the calendar year, with the system or systems located in Town highways indicated by distinctive coloration or symbols.

[History: ORD. 669, 7/9/08]

(a) Each state franchise holder shall comply with the emergency alert system requirements of the Federal Communications Commission in order that emergency messages may be distributed over the state franchise holder’s network.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-35

(b) To the extent consistent with California Public Utilities Code section 5880, each state franchisee shall provide the system capability to transmit an emergency alert signal to all participating subscribers, in the form of an emergency override capability to permit the Town to interrupt and cablecast an audio message on all channels simultaneously in the event of a disaster or public emergency. Each state franchisee shall be exempt from all liability for the use of the emergency alert, and the Town shall indemnify and hold each state franchisee harmless from any claims and damages arising out of any such use.

[History: ORD. 669, 7/9/08]

Interconnection, and Signal Carriage.

(a) PEG Channel Capacity.

(1) A state franchisee that has been authorized by the California Public Utilities
Commission to provide video service in the Town shall designate and activate
three PEG channels within three months from the date that the Town requests
that the state franchisee designate and activate these PEG channels. However,
this three-month period shall be tolled for such a period, and only for such a
period, during which the state franchisee's ability to designate or provide such
PEG capacity is technically infeasible, as set forth in Sections 5870(a), 5870(c)
and 5870(h) of the California Public Utilities Code.

(2) A state franchisee shall provide an additional PEG channel when the standards
set forth in Section 5870(d) of the California Public Utilities Code are satisfied by
the Town or any entity designated by the Town to manage one or more of the
PEG channels.

(b) PEG Support.

(1) Any state franchise holder operating within the Town shall pay to the Town -- or
if directed by the Town, to the Town’s designated PEG provider -- a PEG fee
equal to one percent (1%) of gross revenues.

(2) The PEG support fee shall be used for PEG purposes that are consistent with
state and federal law.

(3) A state franchisee shall remit the PEG support fee to the Town -- or if directed by
the Town, to the Town’s designated PEG provider -- within forty-five days after
the end of each calendar quarter. Each payment made shall be accompanied by
a report, detailing how the PEG support fee was calculated.

(4) If a state franchisee fails to pay the PEG support fee when due, or underpays the
proper amount due, the state franchisee shall pay a late payment charge at the
rate per year equal to the highest prime lending rate during the period of
delinquency, plus one percent (1%).

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-36

(5) To the extent reauthorization is required by law, Sections 4.08.500 through 4.08.570 of this subchapter, including the PEG fee specified in this subsection (b) in the amount of one percent (1%) of gross revenues, are automatically reauthorized as to each affected state video franchise holder upon the expiration of any state video franchise. Any and all reauthorizations shall be effective for so long as such reauthorization is required by law.

(c) PEG Carriage and Interconnection.

(1) As set forth in Sections 5870(b) and 5870(g)(3) of the California Public Utilities Code, state franchisees shall ensure that all PEG channels are receivable by all subscribers, whether they receive digital or analog service, or a combination thereof, without the need for any equipment other than that needed to receive the lowest cost tier of service. PEG access capacity provided by a state franchisee shall be of similar quality and functionality to that offered by commercial channels, shall be capable of carrying a National Television System Committee (NTSC) quality television signal, and shall be carried on the state franchisee's lowest cost tier of service. To the extent feasible, the PEG channels shall not be separated numerically from other channels carried on the lowest cost tier of service and the channel numbers for the PEG channels shall be the same channel numbers used by any incumbent cable operator, unless prohibited by federal law. After the initial designation of the PEG channel numbers, the channel numbers shall not be changed without the agreement of the Town unless federal law requires the change.

(2) As set forth in Section 5870(h) of the California Public Utilities Code, the holder
of a state franchise and an incumbent cable operator shall negotiate in good
faith to interconnect their networks for the purpose of providing PEG
programming. If a state franchisee and an incumbent cable operator cannot
reach a mutually acceptable interconnection agreement for PEG carriage, the
Town shall require the incumbent cable operator to allow the state franchisee to
interconnect its network with the incumbent cable operator's network at a
technically feasible point on the state franchisee's network as identified by the
state franchisee. If no technically feasible point of interconnection is available,
the state franchisee shall make interconnection available to each PEG channel
originator programming a channel in the Town and shall provide the facilities
necessary for the interconnection. The cost of any interconnection shall be
borne by the state franchisee requesting the interconnection unless otherwise
agreed to by the parties.

[History: Ord. 669, 7/9/08; Ord. 776, 1/24/18]

(a) Each state franchise holder or applicant for a state franchise shall file with the Town a copy of all applications or notices that the state franchise holder or applicant is required to file with the California Public Utilities Commission.

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-37

(b) Unless otherwise specified in this section, all notices or other documentation that a state franchise holder is required to provide to the Town under this Section or the California Public Utilities Code shall be provided to both the Town Manager and the Town staff person in charge of cable and telecommunications, or their successors or designees.

[History: Ord. 669, 7/9/08]

Cable System, Open Video, Telecommunications & Franchises Colma Municipal Code (January 2018) Page 4.08-38

CHAPTER FOUR: BUSINESS ACTIVITIES

Subchapter 4.09: Gambling Establishments

The City Council finds that the public health, safety and welfare require the establishment of regulations pursuant to, and in conformity with, the State California Gambling Control Act. The City council finds it necessary to regulate:

(a) The persons who will own, operate or be employed in gambling establishment;

(b) The number and location of gambling establishments in the City;

(c) The operation of gambling establishments in the City;

(d) The issuance of permits and licenses, including limitations on transfer and assignment, for gambling establishments.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

The following definitions shall apply for the purposes of this chapter:

(a) Applicant means every person who applies for a permit, renewal, or amendment.

(b) Card game means all games played with cards for money or any other thing of value, or for checks, credits or any other representation of value. For purposes of this chapter the term “card game” shall not mean bridge or whist

(c) Gambling establishment means any premises or places where, in return for any fee, charge or other compensation, any person or persons are permitted to play a game.

(d) Card table means any table or any other surface upon which any game is played.

(e) Charitable organizations shall be defined as organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701L of the Revenue and Taxation Code.

(f) Employee means every person who acts either as agent or employee of the permittee or under the direction of the permittee of any cardroom. A management corporation is an employee for purposes of this chapter.

(g) Game means any form of gambling for money or any other thing of value or for checks, credit or any other representative of value.

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-1

(h) Owner means any person having any interest whatever or at all in the ownership, division of profits, or revenues of any gambling establishment or gambling establishment permit, whether legal or equitable, direct or indirect. An owner shall be and is responsible for and every duty imposed upon the Permittee by state law, this Code, and each permit issued by the Town of Colma.

(i) Permittee means the holder of a gambling establishment permit. An owner shall be and is responsible for and every duty imposed upon the Permittee by state law, this Code, and each permit issued by the Town of Colma.

(j) Proposition player means a person employed by a gambling establishment to play in any game when a sufficient number of players are not available.

[History: ORD. 450, 2/10/93; Ord. 475, 1/11/1995; ORD. 526, 4/8/1998; ORD. 556, 7/14/1999; Re-numbered, ORD. 613, 4/14/2004]

[Reference: BUS. & PROF. CODE § 19960-19964]

No person shall establish, maintain or operate any gambling establishment or suffer any gambling establishment to be established, maintained or operated, upon or within any property owned, occupied or controlled by such person unless the gambling establishment is maintained and operated pursuant to a valid gambling establishment permit.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) The City Council finds and determines that it is in the interest of the public health, safety and welfare of the city to limit the number of gambling establishments operating in the city to one gambling establishment for each five thousand (5,000) persons residing in the city. For the purpose of determining the number of gambling establishments permissible, the population is determined by the latest estimate of the population made by the Department of Finance or as provided in sections 2107, 2107.1 and 2107.2 of the Streets and Highways Code.

(b) Multiple Applications. In the event that there are less gambling establishment permits available than there are applications, the permit shall be granted to the qualified applicant whom the City Council, in its sole discretion, determines best meets the following criteria:

(1) Least disruptive location;

(2) Best program for policing the operation;

(3) Greatest income potential for the Town of Colma;

(4) Greatest experience and financial ability of applicant;

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-2

(5) Best potential for quality operation; and

(6) Any other considerations that will protect the public interest.

In reaching its determination the City Council shall consider any staff recommendations, but the determination of the City Council shall be final.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) A gambling establishment permit is valid only for the location provided in the permit. Relocation of a gambling establishment to a site other than the one permitted is prohibited and results in automatic termination, except as provided in subsection (b) of this section.

(b) Relocation of a gambling establishment to a location different from that described in the gambling establishment permit is permitted only after the City Council has duly granted an amendment to the gambling establishment permit in accordance with Section 4.09.110 of the Colma Municipal Code.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) The permittee shall register any proposed change in the name of the permitted gambling establishment or of the corporate permittee with the City Manager ten (10) days before the new name can be advertised or otherwise made known to the public.

(b) The City Manager shall issue a new permit under the new name within ten (10) days after the permittee has registered the name with the City Manager.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) An applicant for a gambling establishment permit shall file a written application with the City Manager for a permit to operate a gambling establishment. The application shall state:

(1) The name and permanent address of the applicant and each person having an
interest in the ownership, management, and supervision of the business;

(2) A description of the card games which will be played or offered for play;

(3) The days, hours and location of the gambling establishment;

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-3

(4) The name of each person having the management or supervision of the gambling establishment;

(5) The applicant's residence for the preceding five years;

(6) A statement of the nature and character of applicant's business to be carried on
in conjunction with the gambling establishment, if any;

(7) Such other information as the City Manager considers necessary.

(b) An application fee shall be paid to the City Manager at the time the application is filed. The application shall not be deemed complete unless the applicant has paid the required fee.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) Upon receipt of an application for a gambling establishment permit, the City Manager, City Planner and Chief of Police shall each investigate and report to the council regarding the proposed location, the proposed use, and any other matters in the application, and the Chief of Police shall investigate and report to the council on the character of the applicant and all persons involved in ownership or management of the gambling establishment.

(b) The report or reports shall state:

(1) A summary of the relevant facts determined in the investigation;

(2) Recommendations as to whether the requested permit should be granted; and

(3) The reasons for the recommendations including, but not limited to, whether the
particular proposed permit will substantially aggravate crime problems, or otherwise be
detrimental to crime prevention, make law enforcement unduly difficult, or be
detrimental to the public peace, health, safety or welfare;

(4) All recommended conditions, limitations, restrictions, and mitigation to which the
requested permit, if granted, should be made subject; and

(5) Such other information and recommendations as the reporting party deems
relevant to the Council's consideration of the application.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-4

Notice.

(a) After receipt of all reports on the application, the City Manager shall set a time and place within a reasonable time thereafter at which the City Council will hold a public hearing on the application.

(b) Notice of a public hearing shall be given in the same manner as notice for a use permit application.

(c) At the time and place set for hearing of an application for a gambling establishment permit, the City Council shall consider the application, the reports of City departments, written objections and public testimony.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) Within a reasonable amount of time after the close of the hearing, the City Council shall either approve or disapprove the application for a gambling establishment permit. The Council may also attach such conditions, limitations, and restrictions on the permit as it deems reasonably necessary to protect the public peace, health, safety and welfare.

(b) The City Council may grant a Gambling Establishment Permit only if it determines that:

(1) The proposed gambling establishment use will not result in the substantial
aggravation of crime problems or make law enforcement unduly difficult.

(2) The proposed gambling establishment use is not detrimental to the public peace,
health, safety and welfare.

(3) The proposed gambling establishment use would not result in the violation of the
City’s zoning, fire, building or other ordinance; and

(4) The proposed gambling establishment use would be consistent with the purposes
and provisions of this chapter and is not contrary to public interest.

(c) Only one Gambling Establishment Permit shall be issued for a gambling establishment, and the Permit may be issued in the names of all individuals owning an interest in the gambling establishment or in the name of the business entity owning the business. Each owner shall be and is responsible for and every duty imposed upon the Permittee by state law, this Code, and each permit issued by the Town of Colma.

[History: ORD. 450, 2/10/93; ORD. 526, 4/8/98; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-5

(a) The terms and conditions of a gambling establishment permit may be amended by the City Council on application for amendment. Said application shall be subject to, and shall be processed in accordance with, the procedures set forth herein for an original application for gambling establishment permit.

(b) As used in this chapter, "terms and conditions" of a permit includes, but is not limited to, the location of a gambling establishment, the number of card tables the permittee is authorized to maintain, and any conditions placed on the permit by the City Council or this chapter.

(c) A permittee who seeks to amend his or her gambling establishment permit shall file an application with the City Manager stating the specific terms and conditions that the permittee desires to change and the reasons therefore.

(d) Amendment fees shall be paid to the City Manager at the time the application is filed. The application for amendment shall not be deemed complete unless the permittee has paid the required fee.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Each owner of a gambling establishment who is eligible to obtain a State Registration from the State of California must obtain and hold a valid registration from the State of California.

[History: ORD. 450, 2/10/93; ORD. 526, 4/8/98; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) No gambling establishment permittee, owner or employee shall use, operate or permit the use or operation of more tables than the number authorized in a valid gambling establishment permit.

(b) No gambling establishment shall have more than the number of card tables for which the permittee has paid the appropriate fees.

(c) No gambling establishment shall be issued a permit for less than twenty (20) tables nor more than seventy-four (74) tables.

(d) Additional tables may be added within any gambling establishment over and above the number of tables on the original permit only in accordance with an amendment to the gambling establishment permit pursuant to the provisions of the section of this Subchapter entitled "Permit Application."

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-6

(e) If the permit amendment application is approved, the permittee shall deposit with the City Manager an additional table permit fee for each additional table in order for the amendment to become effective.

(f) A permittee may reduce the number of tables subject to table fees only by an amendment to the permit in accordance with the section of this Subchapter entitled "Permit Application." Unless and until such amendment is approved, table fees must be paid on all tables authorized in the permit.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04; ORD. 696, 6/8/11]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) No gambling establishment permit may be sold, transferred, hypothecated or assigned by the permittee, or by operation of law, to any other person or persons, and no interest of an owner in any gambling establishment or gambling establishment permit may be sold, transferred, hypothecated or assigned by an owner, or by operation of law, to any other person or persons, except upon consent as provided in Section 4.09.190 below or except as provided in subsection (b) of this section. Any such sale, transfer, hypothecation or assignment, or attempted sale, transfer, hypothecation or assignment of an owner's interest shall be null and void, and shall be grounds for revocation by the City Council of the gambling establishment permit.

(b) The following exceptions to the general rule stated in subsection (a) of this section shall be allowed:

(1) If the permittee is a partnership and one or more of the partners should die, one
or more of the surviving partners may acquire, by purchase or otherwise, the interest of
the deceased partner or partners without affecting a surrender or termination of such
permit, and in such case the permittee shall thereafter be deemed to be the surviving
partners.

(2) If the interest of an Owner is held as community or quasi-community property,
apportionment or transfer of the interest shall be allowed pursuant to a marital
dissolution or final judgment; provided, however, that the transfer shall be approved by
the City Manager as provided in Section 4.09.190 below.

(3) If the proposed transfer is to another form of entity, such as a transfer from a
partnership to a corporation, or from a corporation to a partnership, and the beneficial
ownership of each of the owners remains substantially identical after such transfer, such
transfer shall be allowed by the City Manager upon receipt of reasonable documentation
that the transfer conforms to this subparagraph (3).

(4) If the permittee or owner is a publicly traded corporation with a class of
securities registered under the Securities Exchange Act of 1934, as amended, transfer of
the corporation's stock shall be permitted provided the transfer complies with state and

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-7

federal security laws and the transfer does not create an equity interest of the transferee in the corporation of ten percent or greater.

(5) If the permittee is a corporation, transfer of the corporation's stock may be
transferred, but only in accordance with Section 4.09.190 below or in accordance with
subparagraph (4) above.

(6) If a gambling establishment permit or an owner's interest has been held for at least five years, or if the permittee or owner is an individual who has died or has been legally declared incompetent, or has become a debtor in bankruptcy, the transfer or assignment of the permit or ownership interest therein may be approved by the City Council upon application of the proposed transferee. A proposed transferee shall pay the same application fee as a new gambling establishment applicant and shall be subject to the same requirements and investigation.

(c) No permittee or owner shall knowingly permit any individual, partnership or other person or entity to make any investment whatever in, or in any manner whatever participate in, the profits of any licensed gambling establishment, or any portion thereof, except in accordance with this Subchapter Nine.

(d) No permittee or owner shall knowingly permit any investment in any licensed gambling establishment operation, or any portion thereof, or participation in the profits thereof, by any person acting as agent, trustee, or in any other representative capacity whatever for or on behalf of another person, and no person acting in any such representative capacity shall hold or acquire any such interest or participate unless all facts pertaining to such trust, agency, or representation have been fully disclosed in writing in connection with the application under this Subchapter Nine for issuance or transfer of the permit or ownership interest held by such permittee or owner.

(e) It shall not be a violation of this section for a permittee or owner to enter into an agreement with a proposed transferee for a purchase, or option to purchase, an interest in a permit or ownership interest in a gambling establishment provided that such agreement provide in writing, executed by the proposed transferee, words to the effect, "The undersigned acknowledges that the sale, assignment or transfer of an interest in a gambling establishment or gambling establishment permit in the Town of Colma is subject to and conditioned upon approval by the Town of Colma pursuant to an application to the Town of Colma for approval under the Colma Municipal Code and compliance with the regulations of the California Gaming Commission.”

[History: ORD. 450, 2/10/93; ORD. 475, 1/11/95; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) A person who desires to be employed by a gambling establishment must be at least twenty-one (21) years of age and shall obtain a valid employee work permit/registration as required by this Chapter, except as provided in paragraph (b) of this section.

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-8

(b) Notwithstanding paragraph (a):

(1) A person who is twenty-one (21) years of age or older may begin working on a
temporary basis without a work permit as an employee if:

(A) The person applied for a work permit/registration as required by this
Chapter;

(B) The person holds a position that is not supervisory, is not related to the
operation or administration of gambling, and does not perform employment
duties in the area where gambling is conducted; and

(C) The person wears a temporary badge on their outermost garment at
chest level with their name, picture, and the words, “Non-Gaming Employee,
Work Permit Pending.”

(D) After the person has received a work permit/registration, the person may
perform any duties for which a work permit is required. If the person is denied a
work permit/registration, the person shall not work as an employee in any
gaming or nongaming job.

(2) A person who is eighteen (18) through twenty (20) years of age may be
employed without a work permit/registration as an employee in job classifications that
entail providing services exclusively off the gaming floor and that are not involved in the
play of a controlled game if:

(A) The person holds a position that is not supervisory and not related to the
operation or administration of gambling;

(B) The person is not allowed to perform any duties of any employee on the
floor of the gambling establishment or in areas that are identified as restricted
access areas to employees, including, but not limited to, the cage, count room,
surveillance room, security office, vault, and card storage; and

(C) The person wears a badge on their outermost garment at chest level that
has with the words “Non-Gaming Employee: Under 21” and that has a different
background color than the badges worn by other employees.

[History: Ord 800, 5/27/20]

(a) It shall be unlawful for any Permittee to employ any person to work in a gambling establishment without such employed person having been first registered with the Colma Police Department.

(b) Each prospective gambling establishment employee shall present himself or herself at the Colma Police Department during normal business hours, at least ten (10) days prior to commencement of any such employment, and apply to be registered.

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-9

(c) Each prospective employee shall:

(1) Complete an application;

(2) Be finger-printed;

(3) Be photographed;

(4) Provide any other information that the Colma Police Department may require;
and

(5) Certify the contents of the application under penalty of perjury.

(d) The Colma Police Department is hereby authorized to obtain criminal history information for each employee seeking registration.

(e) A fee as set forth in this subchapter shall be paid together with the registration or renewal application.

(f) Within ten (10) days after receipt of a complete application containing the above information and the required fees, the Chief of Police shall render and mail to the applicant a written decision either granting or denying registration and explaining the reasons for denial.

(g) If the investigation is not complete within the ten-day period or if there are extraordinary circumstances beyond the reasonable control of the permittee warranting waiver of the ten-day period, the Chief of Police may grant a temporary registration for a definite period of time pending a final decision based upon completion of the investigation. A decision by the Chief of Police to deny temporary registration may be appealed by any interested party to the city council in accordance with the procedures set forth in section 1.02.140 of the Colma Municipal Code. A decision to grant temporary registration is not appealable to the city council.

(h) The Colma Police Department shall provide each registered employee with a permanent or, if appropriate, temporary identification card which shall be displayed in accordance with the requirements of section 4.09.370.

(i) Each registered employee shall renew his or her registration with the Colma Police Department on the second anniversary of the date of his or her initial registration and every two year anniversary thereafter. New cards will be issued as the City deems appropriate.

(j) The gambling establishment permittee shall inform the Colma Police Department of any change in employment status of a registered employee within ten (10) days of the effective date of the change in employment, leave of absence, or any promotion or other change in position or job title.

(k) A temporary identification card may be issued by a permittee to a registered employee for a three (3) day period in the event the employee loses his/her identification card. The permittee shall notify the Colma Police Department of the loss of the identification card within twenty-four (24) hours of the issuance of a temporary card. The Colma Police Department shall issue a new permanent identification card to the registered employee within three (3) days of being notified of the loss.

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-10

[History: ORD. 450, 2/10/93; ORD. 453, 5/12/93; ORD. 526, 4/8/98; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04; ORD. 626, 3/9/05]

[Reference: BUS. & PROF. CODE § 19960-19964]

Each owner of a gambling establishment shall obtain an identification card from the Colma Police Department and shall comply with the requirements of subsections (b), (c), (e), (h), (i), and (j) of Section 4.09.150 of this Subchapter.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) If it appears at any time that good cause may exist for the Colma Police Department to deny registration of an employee, or to suspend or revoke an existing registration, the Colma Police Department shall provide the employee and the permittee with the opportunity for a hearing before the Colma Police Department to show cause why registration should not be denied, suspended or revoked.

(b) In the case of denial, suspension or revocation, the employee shall be given ten (10) days from the date of mailing of the notice of denial, suspension or revocation to request a show cause hearing before the Chief of Police. The employee shall be deemed to have waived the right to a show cause hearing if the Chief of Police does not receive the employee's request for a hearing within ten (10) days of the date of mailing of notice.

(c) The Chief of Police shall schedule the hearing within fifteen (15) days after receipt of the request for a show cause hearing. The Chief of Police shall mail notice of the time, place and date of the hearing to the applicant or employee and the employer within five (5) days after receipt of the request for hearing.

(d) Technical rules of evidence shall not apply to the show cause hearing.

(e) If the Chief of Police, on the basis of substantial evidence presented at the show cause hearing, finds good cause therefore, the Chief of Police may deny registration to the employee, or suspend or revoke the registration.

(f) The Chief of Police shall revoke the work registration of any employee upon receipt of notification, duly issued by the Division of Gambling Control

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) The Chief of Police may revoke or suspend the registration of or deny registration to any

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-11

applicant who is disqualified for any of the following reasons:

(1) Failure of the applicant to clearly establish eligibility and qualification in
accordance with this ordinance and the California Gambling Control Act;

(2) Failure of the applicant to provide information, documentation, and assurances
required by this ordinance and the California Gambling Control Act or requested by the
Chief, or failure of the applicant to reveal any fact material to qualification, or the
supplying of information that is untrue or misleading as to a material fact pertaining to
the qualification criteria;

(3) Conviction of a felony, including a conviction by a federal court or a court in
another state for a crime that would constitute a felony if committed in California;

(4) Conviction of the applicant for any misdemeanor involving dishonesty or moral
turpitude within the 10-year period immediately preceding the submission of the
application, unless the applicant has been granted relief pursuant to Section 1203.4,
1203.4a, or 1203.45 of the Penal Code, provided, however, that the granting of relief
pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a
limitation on the discretion of the division under Section 19847 or affect the applicant's
burden under Section 19848;

(5) Association of the applicant with criminal profiteering activity or organized crime,
as defined by Section 186.2 of the Penal Code;

(6) Contumacious defiance by the applicant of any legislative investigatory body, or
other official investigatory body of any state or of the United States, when that body is
engaged in the investigation of crimes relating to gambling; official corruption related to
gambling activities; or criminal profiteering activity or organized crime, as defined by
Section 186.2 of the Penal Code; or

(7) The applicant is less than twenty-one (21) years of age, except as provided in
subparagraph 4.09.145(b)(2).

(b) Notwithstanding the foregoing, the Division of Gambling Control may object to the issuance of a work registration or work permit for any cause deemed reasonable by the Division, and if the Division object to issuance of a work permit, the work permit shall be denied. Such denial may be reviewed in accordance with the California Gambling Control Act (Bus. & Prof. Code § 19801 et seq.)

(c) Conduct by an applicant described in paragraph 4.09.180(a)(2) shall disqualify the applicant for a period to be determined by the Chief of Police, which shall not be less than six months, provided that notice of such period is given at the time of giving notice of the denial, suspension, or revocation of registration.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04; ORD. 626, 3/9/2005;ORD. 800, 5/27/20]

[Reference: BUS. & PROF. CODE § 19960-19964]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-12

(a) In the case of a permittee that is a corporation, any sale, transfer or assignment of stock therein shall be subject to full compliance of the requirements of the Attorney General under the California Gambling Control Act, and must also be approved by the City Council. The purchasers, transferees or assignees shall file an application for approval of transfer with the City Manager or his or her designee along with the fee set forth in this Subchapter for each proposed purchaser, transferee or assignee.

(b) The application shall contain the name and address of each purchaser, transferee or assignee, and shall be accompanied by a set of clearly identifiable fingerprints, in the form and manner approved by the City Council.

(c) Upon receipt of a completed application and the applicable fee, the City Council shall have the Colma Police Department conduct an investigation. The Colma Police Department shall have the authority to obtain criminal history information for each person required to be named in the application for the purpose of determining whether any of them has been convicted or arrested for crimes involving lotteries, gambling, bookmaking, larceny, theft, perjury, bribery, extortion, fraud, or for crimes involving moral turpitude, or for prostitution, pimping or pandering, or sale or possession for sale of a controlled substance, or for crimes involving service or entertainment businesses and determining whether any of them has committed an act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or herself or another, or substantially injure another, or where the above-described criminal charges are pending.

(d) The City Council, with respect to each application, shall make a decision denying or approving the application for transfer, sale, or assignment of stock within a reasonable time after receipt of the necessary information. The City Council may consider:

(1) The criminal conviction and arrest history of each purchaser, transferee or
assignee, and whether such person committed any act involving dishonesty, fraud or
deceit with the intent to substantially benefit himself or herself, or another, or to
substantially injure another;

(2) The license and permit history of each purchaser, transferee or assignee,
whether such person, in previously operating in this or another state under a gambling,
gaming or entertainment license or permit has had such license or permit revoked or
suspended, the reasons therefore, and the actions of the applicant subsequent to such
action;

(3) The business and credit history of each purchaser, transferee or assignee; and

(4) Other relevant information.

(e) Where a purchaser, transferee or assignee fails to comply with the procedure set forth in this section prior to sale, transfer or assignment, then the permit shall be deemed suspended upon the sale, transfer or assignment until such time as the requirements of this section are met.

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-13

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

The City Manager may deny the application for a transfer of stock on any of the following grounds:

(a) Any of the purchasers, transferees or assignees has been convicted of crimes or have pending criminal charges involving lotteries, gambling, bookmaking, larceny, theft, perjury, bribery, extortion, fraud, moral turpitude, or prostitution, pimping or pandering, or sale or possession for sale of a controlled substance, or crimes involving service or entertainment businesses, or are currently pending criminal charges on the above-listed crimes;

(b) Any of the purchasers, transferees, or assignees has committed any act of dishonesty, fraud or deceit with the intent to substantially benefit himself or herself or another, or substantially injure another;

(c) Any of the purchasers, transferees, or assignees has had a gambling or other entertainment license or permit revoked or suspended within the past five (5) years;

(d) Any of the purchasers, transferees or assignees have failed to comply with the requirements of this chapter; and

(e) Any of the purchasers, transferees, or assignees has knowingly made false statements on the application.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Permittees may exclude or eject from the premises persons who have engaged in, or have been convicted of, bookmaking, sale of controlled substances, or illegal gambling, or who’s presence in or about the premises would be inimical to the interests of legitimate gaming.

Permittee shall keep records of all exclusions or ejections and make them available upon reasonable demand to the Chief of Police of Colma.

Permittees shall have on file with the Chief of Police of Colma a reinstatement policy including but not limited to procedures for reinstatement. Permittees shall provide this reinstatement policy to all persons excluded or expelled from the premises.

[History: ORD. 450, 2/10/93; ORD. 526, 4/8/98; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-14

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04; ORD. 673, 12/10/08]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) No gambling establishment permittee, owner, or employee shall knowingly permit or allow any person under the age of twenty-one (21) years of age at any time to be in or upon the gambling establishment premises; provided, however, that persons under twenty-one (21) years of age may be allowed in the following areas:

(1) An area separated from any gambling area used for a nongaming purpose,
including for maintenance, parking, or business offices, or for the purpose of dining or
food or beverage service or preparation. For purposes of this section, any place wherein
food or beverages are dispensed primarily by vending machines shall not constitute a
place for dining;

(2) Restrooms;

(3) A supervised room that is physically separated from any gambling area and used
exclusively for the purpose of entertainment or recreation; and

(4) Those areas authorized in connection with employment in accordance with
subparagraph 4.09.145(b)(2).

(b) A person who is under twenty-one (21) years of age and not employed per subparagraph 4.09.145(b)(2) may enter upon or pass through a gambling area on a designated pathway to reach any of the areas described in paragraph (a)(1) to (3) only if accompanied by a person or employee who is twenty-one (21) years of age or older.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04;ORD. 800, 5/27/20]

[Reference: BUS. & PROF. CODE § 19960-19964]

No gambling establishment permittee, owner or employee shall permit the farming out, assigning, leasing, renting, or subletting of any games or card tables on premises lawfully permitted pursuant to the provisions of this chapter.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-15

The playing of all games permitted under this chapter shall be confined to the ground floor of each permitted gambling establishment and no playing of any games shall be permitted at any other location except as specifically approved in the gambling establishment permit.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) Each game conducted or operated in the Town of Colma pursuant to the provisions of this chapter shall be conducted and operated in full conformity with, and subject to, California Penal Code Section 330 and all other federal and state gambling laws.

(b) A permittee seeking approval of a new game, a new gaming activity or a change in games rules or game activity must submit an application with the Chief of Police accompanied by the applicable fee and the rules of the game.

(c) No game shall be played at any gambling establishment unless it was first approved by the Chief of Police as a Permissible Game and the game is played in strict conformity with the rules provided by the permittee to the Chief of Police.

(d) All other games of chance are hereby prohibited.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04; ORD. 673, 12/10/08]

[Reference: BUS. & PROF. CODE § 19960-19964]

No gambling establishment permittee, owner or employee shall permit any person to play in any game at any time while such person is obviously under the influence of intoxicating beverage, narcotic or drug.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

No gambling establishment permittee, owner or employee shall permit any person to enter a gambling establishment while such person appears to be obviously under the influence of intoxicating beverage, narcotic or drug.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, Ord. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-16

(a) There shall be no limit on the amount permitted in a single bet or wager, or in the maximum amount permitted to be wagered in a game.

(b) Notwithstanding paragraph (a) of this Section, the City Council may, by resolution, establish specific wagering limits of an amount less than the limit amount set by paragraph (a) of this Section without approval by the voters of the Town. The City Council may amend such resolution from time to time to establish specific wagering limits of an amount less than the limit amount set by paragraph (a) of this Section without approval by the voters of the Town.

(c) No gambling establishment permittee, owner or employee shall allow any person playing in any game to make any bet or wager in excess of the betting or wagering limits set by paragraph (a) of this Section. No gambling establishment permittee, owner or employee shall allow any person playing in any game to make any bet or wager in excess of the betting or wagering limit set by resolution of the City Council pursuant to paragraph (b) of this Section.

(d) Nothing in this Section shall prevent a gambling establishment from establishing betting or wagering limits in an amount lower than permitted by paragraph (a) of this Section or set by resolution of the City Council pursuant to paragraph (b) of this Section.

[History: Ord. 450, 2/10/1003; ORD. 526, 4/8/1998; ORD. 530, 5/13/98; Ord. 532, 7/8/1998; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04; ORD. 640, 1/11/06]

[Reference: BUS. & PROF. CODE § 19960-19964]

[History: ORD. 640, 1/11/06]

[Reference: BUS. & PROF. CODE § 19960-19964]

[Clerk's Note: This section contained a repealer clause. Under the repealer clause, this section was automatically repealed on January 1, 2007 upon the enactment of SB 1198 (Stats. 2006, ch. 181.)

(a) It shall be unlawful for any gambling establishment owner or employee, or any third party proposition player, to be physically present at any time upon said premises without having prominently displayed his or her own personal identification card issued by either the California Gambling Control Commission or the Colma Police Department pursuant to sections 4.09.150 and 4.09.160 identifying such person with the gambling establishment.

(b) The identification card shall be prominently displayed on the outermost garment at approximately chest height. Such identification card shall at all times be in good and readable condition.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; ORD. 612, 3/10/2004; Re-numbered, ORD. 613 4/14/04]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-17

[Reference: BUS. & PROF. CODE § 19960-19964]

It shall be unlawful for any gambling establishment permittee, owner or employee to play cards or purport to play cards in or upon the gambling establishment premises except as provided herein.

(a) An employee, including an employee described in the next subparagraph, may play cards in or upon the premises in which he or she is employed if he or she plays with his or her own personal money, and does not play as the house or use house money when playing.

(b) An employee who is an owner, shift manager, or department head, e.g., a Shift Manager, Cage Manager, Security and Safety Manager, Food & Beverage Manager, Facilities Manager, Chief Accountant, Purchasing Officer, Chief Financial Officer, Controller, Assistant Controller, Network Administrator, or Human Resources Manager, may not purchase chips with cash but must purchase chips with a personal check or a credit card, in order to play or purport to play cards in or upon the gambling establishment premises.

(c) This section shall not apply to a registered proposition player provided that he or she wears an identification badge as required by section 4.09.300.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; ORD. 597, 10/9/02; ORD. 612, 3/10/04; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) It shall be unlawful for any gambling establishment permittee, owner or employee to engage or persuade any person to play cards for the purpose of stimulating play where such person is to receive any reward, whether financial or otherwise, present or promised; or where such reward or revenue is to be diverted to the gambling establishment permittee or owner except as allowed under subsection (b) of this section.

(b) The permittee may utilize proposition players. A proposition player must wear a badge at all times identifying the player as an employee of the permittee. Other than compensation for the time spent in acting in such activities as an employee of the permittee, no gifts, rewards or any other thing of value shall be given to the proposition player by the permittee or any owner or employee.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

It is unlawful for any gambling establishment permittee, owner or employee to engage in the lending of money, chips, tokens or anything of value, either real or promised, to any person for the purpose of allowing that person to eat, drink or play cards.

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-18

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

It is unlawful for the gambling establishment permittee, owner or employee to cash any personal check which does not state the amount on the face of the check.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) It shall be unlawful for any gambling establishment permittee, owner or employee to operate, maintain or purport to maintain any house deposit or player bank system or any system similar thereto, whereby a person may deposit, draw or maintain any account or credit of money, checks or any other item or representation of value except that the permittee, through its agents, may maintain a player bank system if each of the following conditions shall be satisfied at all times:

(1) The permittee shall maintain adequate records that detail all bank transactions,
including deposit cards which must be signed by the depositor and must designate a
beneficiary or beneficiaries in case of the death of the depositor. The permittee shall
make all banking records available for inspection and copying by the Chief of Police or
any other person designated by the Chief of Police;

(2) The permittee shall maintain a separate specifically designated insured account
with a licensed financial institution and/or cash in the cage in an amount no less than
the total amount of the monies in the players bank as approved by the California
Gambling Control Commission or a surety bond or bonds in a principal amount equal to
one and one-half times the average daily balance of amounts in player banks. If a
surety bond is used as security in lieu of maintaining a designated insured account, the
permittee shall provide the Chief of Police with a certificate from an acceptable surety, in
a form acceptable to the Chief of Police, which will not be unreasonably withheld; and

(3) The permittee shall not charge a fee for maintaining a player bank for any
person.

(b) Notwithstanding the foregoing, the permittee is expressly permitted to have installed on the premises ATM/Credit Card machines of an outside financial institution.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; ORD 612, 3/10/2004; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-19

All gambling establishment permittees shall make literature published by Gamblers Anonymous easily available in a visible location in the gambling establishment. If literature published by Gamblers Anonymous is available in English, Spanish, Tagalog, Vietnamese, Mandarin and/or Cantonese-Chinese, then the permittee shall be required to make such literature easily available.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) All gambling establishments shall be open for inspection during normal business hours to the Chief of Police, the City Manager, or their duly authorized representatives, without search warrant.

(b) All gambling establishment records, including but not limited to papers, books of account, ledgers, audits, reports, personnel records, information stored in computers and on computer tape or disks, video tape, microfilm or microfiche, shall be available for inspection and copying during normal business hours to the Chief of Police, the City Manager or their duly authorized representatives without search warrant.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) The rules describing how each game conducted on the premises is to be played shall be posted on the premises of the gambling establishment in a conspicuous place. Printed copies of the rules shall also be easily available to the public.

(b) The rules which are posted and made available to the public shall be identical to the rules provided to the Colma Police Department pursuant to section 4.09.260(d) of this Subchapter.

(c) The rules shall be made available in English, Spanish, Tagalog, Vietnamese, Korean, and Mandarin and/or Cantonese- Chinese.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) All permits issued under the provisions of this chapter shall be subject to revocation, suspension, or other appropriate penalties upon the occurrence of any of the following conditions:

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-20

(1) The permittee or owner has violated any provision of this chapter or failed to timely pay any fees due under this chapter; or

(2) The permittee or owner has violated any term or condition upon which such
permit was issued; or

(3) The permittee, owner, or an employee has violated any statute or ordinance,
which violation relates to the establishment, maintenance or operation of the gambling
establishment authorized by such permit; or

(4) The permittee has transferred any stock without approval of the City Manager;
or

(5) The permittee has failed or refused to make and file any statements as required
by this Subchapter within the time required or to timely pay any sums due under the
provisions of this Subchapter; or

(6) The permittee or owner has knowingly made false statements on any filing,
registration or statement required under this chapter; or

(7) The operation of the gambling establishment violates the City's zoning, fire,
building or other ordinances or regulations, or other applicable laws or regulations; or

(8) The operation of the gambling establishment substantially aggravates the crime
problems in the area, makes law enforcement unduly difficult, or is otherwise
detrimental to crime prevention or is detrimental to the public peace, health or safety in
the area.

(b) In making the determination of whether to revoke or suspend a permit or to apply other appropriate penalties, the City Manager may consider, but is not limited to the following factors:

(1) Any criminal convictions of the permittee, the owners, or employees, involving
lotteries, gambling, bookmaking, larceny, perjury, bribery, extortion, fraud, theft,
embezzlement, or crimes involving moral turpitude, or convictions of the sale or
possession for sale of a controlled substance, prostitution, pimping, or pandering, or
convictions of any crime substantially related to service or entertainment businesses;

(2) The commission of any act by the gambling establishment permittee, owners, or
employees involving dishonesty, fraud or deceit with the intent to substantially benefit
himself or herself or another, or substantially injure another;

(3) Whether the gambling establishment permittee, owner, or employees has
previously operated in this or another state under a gambling, gaming or similar license
or permit that has been revoked or suspended, the reasons therefore, and the actions of
such person thereafter;

(4) Whether the gambling establishment permittee, owner, or employee in this or another state has been denied a gambling, gaming or similar license or permit, the reasons therefore, and the actions of the person thereafter;

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-21

(5) The business and credit history of the gambling establishment permittee and owners;

(6) The nature of the conduct involved in the violations upheld;

(7) The duration of the conduct giving rise to the violations;

(8) The number of instances of violations involved, and whether or not the violations
are part of a pattern of violations;

(9) Whether the violations were deliberate or inadvertent;

(10) The degree of injury to any victim, including the City, either financial or physical,
caused by the violation;

(11) The motivation of the person(s) who committed the violations;

(12) Restitution provided to the victim; and

(13) Restitution provided to the City for the costs of enforcement.

(c) Where appropriate, in addition to or in lieu of a suspension or revocation penalty, the Administrative Hearing Officer may impose other appropriate penalties, including but not limited to monetary penalties, restitution to victims, including the City, and modifications and limitations on the terms and conditions of the permit.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) Upon determining the existence of any of the conditions stated in the section of this Subchapter entitled "Revocation, Suspension and Other Penalties", the City Manager shall issue a Notice of Decision to Revoke or Suspend the Gambling Establishment Permit to the permittee.

(b) The Notice of Decision to Revoke or Suspend shall state all the grounds and reasons upon which the suspension or revocation, or other penalty is based.

(c) The Notice of Decision shall be mailed to the permittee at the address stated on the permit.

(d) The Decision shall be effective twenty-one (21) calendar days after mailing of the Notice of Decision unless the permittee files a written Notice of Appeal and Request for Public Hearing with the City Clerk before the close of business on the twentieth (20th) day.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-22

(a) An aggrieved party may appeal to the City Council from a decision of the City Manager under this ordinance. The appeal shall be heard in accordance with the procedures set forth in section 1.02.120 of the Colma Municipal Code, except that notice shall not be required under section 1.02.120(b). The City Council may affirm, overrule, or modify the revocation or suspension.

(b) An aggrieved party may appeal to the City Manager from a decision of the Chief of Police under this ordinance. Notwithstanding the foregoing, the following decisions are not appealable: to grant registration, to grant temporary registration, or to deny temporary registration.

[History: ORD. 450, 2/10/93; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04; ORD. 626, 3/9/05]

[Reference: BUS. & PROF. CODE § 19960-19964]

(a) A gambling establishment application fee shall be an amount equal to $1,000 plus the City's actual cost of City staff and outside investigative and consulting services in connection with review of the application. The City Manager shall estimate the cost of City staff and outside services and that amount, together with $1,000, must be paid at the time of submitting the initial application for a gambling establishment permit. If the amount estimated is insufficient, the applicant will pay forthwith, upon notice from the City Manager, the additional costs incurred or to be incurred by the City. If the amount estimated is in excess of the cost incurred, the difference will be refunded to the applicant at the end of the City's review.

(b) A gambling establishment application fee of $500.00 must be paid at the time of submitting an application to amend a gambling establishment permit.

(c) A table permit fee must be paid at the time of granting of the permit and each annual anniversary thereof. The table permit fee shall be $500 per table per year.

(d) An employee registration fee of $100.00 must be paid at the time of submitting the initial application for registration of the employee.

(e) An employee registration fee of $50.00 must be paid at the time of submitting the application for renewal of the employee's registration.

(f) A gambling establishment stock transfer application fee of $500.00 must be paid at the time of submitting the application.

(g) In the event of denial, surrender, suspension, revocation or expiration of a permit, no portion of any permit, renewal or amendment fee or table permit fee shall be refunded.

(h) Except for the fees and taxes provided by this Subchapter Nine, no Colma business license tax shall be charged for the gambling establishment operation.

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-23

[History: ORD. 450, 2/10/93; ORD. 453, 5/12/93; ORD. 556, 7/14/99: Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

A permit tax is hereby imposed on gambling establishment operations in the Town of Colma, which tax is declared by the City Council to be a general tax of the Town of Colma, and which tax shall be payable into the General Fund of the Town of Colma.

(a) Each person operating a gambling establishment shall, during the first year following issue of permit, pay a monthly tax equal to the percentage of gross monthly revenue as is set forth in the following schedule:

Total Monthly Gross Revenue: Monthly Tax:

$0 to $800,000 5% of gross revenue

$800,000 to $1,000,000 $40,000 + 6% of gross revenue over $800,000

$1,000,000 to $1,200,000 $52,000 + 7% of gross revenue over $1,000,000

$1,200,000 to $1,400,000 $66,000 + 8% of gross revenue over $1,200,000

$1,400,000 to $1,600,000 $82,000 + 9% of gross revenue over $1,400,000

$1,600,000 to $1,800,000 $100,000 + 10% of gross revenue over $1,600,000

$1,800,000 to $2,000,000 $120,000 + 11% of gross revenue over $1,800,000

$2,000,000 to $2,200,000 $142,000 + 12% of gross revenue over $2,000,000

$2,200,000 to $2,400,000 $166,000 + 13% of gross revenue over $2,200,000

$2,400,000 to $2,600,000 $192,000 + 14% of gross revenue over $2,400,000

$2,600,000 to $3,000,000 $220,000 + 15% of gross revenue over $2,600,000

Over $3,000,000 $287,800 + 20% of gross revenue over $3,000,000

(b) Each person operating a gambling establishment shall, during the second year and all subsequent years under the permit, pay a monthly tax equal to the amount set forth in subparagraph (a) above, or $17,000.00, whichever is the greater.

(c) Gross revenue means the gross revenue of all merchandise or services sold or delivered at permittee's premises by permittee or any permitted subtenant, licensee, or concessionaire or permittee from any source whatsoever connected with the gambling establishment activity, except for revenue received from the sale of food or drink through the restaurant and bar operation. The restaurant and bar operation shall be subject to the Colma business license law

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-24

applicable to restaurants and bar operations in Colma. Permitted credit transactions shall be treated as gross revenue for the full price at the time of the transaction irrespective of the time of payment. Gross revenue shall not include sales and use taxes imposed by entities other than the Town of Colma, but only if such taxes are added to the selling price separately stated, collected separately from the selling price of merchandise or services, and collected from customers.

(d) Permittee shall furnish to the Town of Colma a statement of permittee's gross revenues within fifteen (15) days after the end of each calendar month, and shall remit to City the monthly tax provided for in subparagraphs (a) and (b) above, based on the gross revenues shown in such statement. Each statement shall be signed and certified to be correct by permittee or its authorized representative, and if permittee is a corporation the statement shall be signed and certified to be correct by an officer of permittee. Permittee shall keep at the premises full and accurate books of account, records, cash receipts and other pertinent data showing its gross revenues. Permittee shall also furnish to the Town of Colma copies of its quarterly California Sales and Use Tax Returns at the time each is filed with the State of California. Such books of account, records, cash receipts and other pertinent data shall be kept for a period of three (3) years after the end of each year of operation. The receipt by the City of any statement or any payment of percentage gross revenue for any period shall not bind City as to the correctness of the statement or the payment.

(e) City shall be entitled, during the term of the permit and within two (2) years of the expiration of the termination of the permit, to inspect and examine all permittee's books of account, records, cash receipts, and other pertinent data, so that the City can ascertain permittee's gross revenues. Permittee shall cooperate fully with City in the inspection. City shall also be entitled, at reasonable times, to an independent audit of permittee's books of account, records, cash receipts, and other pertinent data, to determine permittee's gross revenues, by a certified public accountant to be designated by City. The audit shall be limited to the determination of gross revenues and shall be conducted during usual business hours at permittee's premises. If the audit shows that there is a deficiency in the payment of any percentage of gross monthly revenue provided for in subparagraph (b) above, the deficiency shall become immediately due and payable. The cost of the audit shall be paid for by City, unless the audit shows that the permittee understated gross revenues by more than five percent (5%), in which case permittee shall pay all City's cost of the audit. Upon request of the auditor, permittee shall provide to the auditor copies of permittee's state and federal income tax returns, which returns shall be kept confidential and shall not be disclosed other than is necessary to carry out the purposes of this section.

[History: ORD. 450, 2/10/93; ORD. 477, 2/8/95; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Every gambling establishment shall have in effect, and shall implement, a security plan which shall include measures to ensure the safety of patrons in and around the gambling establishment. The Plan and any amendments thereto, must be approved in advance by the Chief of Police or such other person designated by the city council. The Plan must provide that

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-25

one or more persons charged with the task of patron security is on duty at all times while the gambling establishment is open. Notwithstanding anything to the contrary in any permit heretofore or hereafter granted by the Town or in any ordinance heretofore adopted by the Town, the city council reserves the right to require the gambling establishment operator to modify the Security Plan to the satisfaction of the Chief of Police or such other person designated by the city council, on reasonable notice to the gambling establishment operator.

[History: ORD. 450, 2/10/93; ORD. 526, 4/8/98; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

A cardroom may operate twenty-four hours per day, seven days a week. Notwithstanding the foregoing, the City council may by resolution change the permissible hours of operation upon finding by the City Council, after a public hearing, that: (1) there has been an occurrence of any of the conditions set forth in section 4.09.390 for suspension or revocation of a cardroom permit; (2) the operation of the cardroom is detrimental to the public peace, health or safety in the area; or (3) the operation of the cardroom constitutes a public nuisance.

[History: ORD. 450, 2/10/93; ORD. 526, 4/8/98; ORD. 556, 7/14/99; ORD. 568, 2/9/00; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

The City Council may, by resolution, enact rules and regulations to carry out the purposes of this ordinance and the State Gaming Control Act.

[History: ORD. 450, 2/10/93; ORD. 526, 4/8/98; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

This ordinance does not create any vested or other property right of any kind in any licensee, permittee, employee, person or entity. The City reserves the right and power to, at any time, amend or modify the provisions of this chapter, and to otherwise regulate or prohibit any privilege exercised hereunder. This reservation includes but is not limited to the right of the City to enact or amend rules and regulations, and to amend, from time to time, a license issued pursuant to the terms of this chapter, by resolution of the City Council. The issuance of any such license shall not be deemed a waiver by the City of such right or power to amend such license or the provisions of this Chapter.

[History: ORD. 450, 2/10/93; ORD. 526, 4/8/98; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-26

[Reference: BUS. & PROF. CODE § 19960-19964]

Respect to Remaining Provisions.

(a) The provisions of this ordinance providing for the payment of a permit tax are not severable. Should the requirements of this ordinance relating to the payment of a permit tax, as herein set forth or as subsequently amended, be held to be invalid or unenforceable for any reason by the final judgment of a court of competent jurisdiction, then this ordinance in its entirety shall thereupon become null and void, any licenses or permits issued pursuant to this ordinance shall likewise become null and void, and the playing of such games within the City shall thereupon become unlawful to the same extent as such playing was unlawful prior to the adoption of this ordinance.

(b) Except as provided immediately hereinabove with respect to the permit tax, if any remaining section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.

[History: ORD. 450, 2/10/93; ORD. 526, 4/8/98; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Every gambling establishment must post notice, in a clear and conspicuous manner, of the hours of operation for the gambling establishment, house and table wagering limits, and rules relating to wagering. Each gambling establishment must also make available to any patron a written explanation of the rules of each game that may be played in the gambling establishment.

[History: ORD. 450, 2/10/93; ORD. 531, 6/10/98; ORD. 556, 7/14/99; Re-numbered, ORD. 613, 4/14/04]

[Reference: BUS. & PROF. CODE § 19960-19964]

Gambling Establishments Colma Municipal Code (May 2020) Page 4.09-27

CHAPTER FOUR: BUSINESS ACTIVITIES

Subchapter 4.10: Tobacco Retailer’s Permit

(a) After November 1, 1998,It shall be unlawful for any retailer, individual, or entity to sell or offer for sale any tobacco products without first obtaining and maintaining a valid tobacco retailer’s permit from the Director of the San Mateo County health Services Agency Environmental Health Division of the San Mateo County Department of Health (the “Environmental Health Division”) for each location where such sales are conducted. Permits are valid for five (5) years one year and shall be renewed annually.

(b) The City Council hereby appoints the Director of the San Mateo County Environmental Health Division (“Director”), or his or her designee, to administer this ordinance.

[History: ORD. 538, 8/26/98; ORD. 670, 7/9/08]

(a) Application for a tobacco retailers permit shall be submitted in the name of the entity or person proposing to conduct retail tobacco sales on the business premises and shall be signed by such person or an authorized agent thereof. All applications shall be submitted on a form supplied by the Director and contain the following information:

(1) The name, address, and telephone number of the applicant;

(2) The business name, address, and telephone number of each location where
tobacco is retailed; and

(3) Such other information as the Director or his or her designee determines.

(b) Applicants for renewal must follow the application procedures set forth in subsection (a). A renewal for a tobacco retailer’s permit will be denied if the application is for a person or location for which a suspension is in effect.

[History: ORD. 538, 8/26/98; ORD. 670, 7/9/08]

Upon receipt of an application for a tobacco retailer’s permit, the Director or his or her designee shall issue a permit which must be prominently displayed at each location where tobacco retail sales are conducted.

[History: ORD. 538, 8/26/98; ORD. 670, 7/9/08]

The fee for a tobacco retailer’s permit shall reflect the County’s costs of processing the permit and regulating compliance with this subchapter, as contained in section 5.64.070 of the San

Tobacco Retailer’s Permit Colma Municipal Code (July 2008) Page 4.10-1

Mateo County Ordinance Code, and established by the City Council of the Town of Colma by resolution.

[History: ORD. 538, 8/26/98; ORD. 670, 7/9/08]

Tobacco retailers permit are nontransferable, as between entities, retailers, individuals, locations or otherwise.

[History: ORD. 538, 8/26/98; ORD. 670, 7/9/08]

If an agent or employee of the tobacco retailer violates any provisions of this subchapter or any federal or state tobacco related law, the tobacco retailer shall immediately report the violation to the Environmental Health Division.

(a) Grounds for Suspension. A tobacco retailer’s permit may be suspended, as set forth below in subdivision (b), by the Director of the Environmental Health Division or his or her designee upon a finding, after notice and opportunity to be heard, that either of the following occurred:

(1) After the permit was issued, it was determined that the application for the permit
is incomplete or inaccurate.

(2) The permittee or his or her agent has violated any provision of this chapter or
any federal or state tobacco-related law.

(b) TimePeriodofSuspensionofPermit.

(1) Upon the first time that the Director of the Environmental Health Division or his
or her designee makes the finding that either subsection (a)(1) or (a)(2) of this section
has occurred, the permit to sell tobacco products shall be suspended for up to 30 days

(2) Upon the second time that the Director of the Environmental Health Division or
his or her designee makes the finding set forth in subsection (a)(1) or (a)(2) of this
section within twenty-four months of the first determination, the permit to sell tobacco
products shall be suspended for no less than 30 days and up to 90 days.

(3) Upon the third and each subsequent time that the Director of the Environmental
Health Division or his or her designee makes the finding set forth in subsections (a)(1)
and (a)(2) within twenty-four months of a prior determination, the permit to sell tobacco
products shall be suspended for no less than 90 days and up to one year.

[History: ORD. 538, 8/26/98; ORD. 670, 7/9/08]

(c) EffectiveDateofSuspension.

Tobacco Retailer’s Permit Colma Municipal Code (July 2008) Page 4.10-2

(1) If the Director of the Environmental Health Division or his or her designee makes oral findings and issues an order of suspension at the hearing, the suspension will be effective 10 days from the date of the hearing, unless a timely appeal is filed in accordance with subsection (d).

(2) If the Director of the Environmental Health Division or his or her designee makes
written findings and issues an order of suspension by certified mail after the hearing, the
suspension will be effective 15 days from the date appearing on the notice of that
finding and order of suspension, unless a timely appeal is filed in accordance with
subsection (d).

(d) AppealofSuspension.

(1) The decision of the Director of the Environmental Health Division or his or her
designee is appealable to the San Mateo County Licensing Board.

(2) An appeal must be in writing, be addressed to the Director of the Environmental
Health Division and be hand-delivered to the offices of the Division of Environmental
Health.

(3) An appeal must be received by the Division of Environmental Health before the effective date of suspension provided by subsections (c)(1) or (c)(2) in order to be considered.

(4) The filing of a timely appeal will stay a suspension pending a decision on the
appeal by the San Mateo County Licensing Board.

(5) The decision of the San Mateo County Licensing Board shall be a final
administrative order, with no further administrative right of appeal.

[History: ORD. 538, 8/26/98; ORD. 670, 7/9/08]

(a) Grounds for Fine. A fine may be imposed Upon findings made by the Director of the Environmental Health Division or his or her designee, that any retailer, individual, or entity who is an owner of a retail establishment:

(1) GroundsforFine. A fine may be imposed Upon findings made by the Director of
the Environmental Health Division or his or her designee, that any retailer, individual, or
entity who is an owner of a retail establishment:

(2) offers for sale any tobacco, cigarette, or cigarette papers, or any other
preparation of tobacco, or any other instrument or paraphernalia that is designed for the
smoking or ingestion of tobacco or products prepared from tobacco.

(b) Amount of Fine. Upon findings made under subsection (a), the retailer, individual, or entity who is an owner of a retail establishment shall be subject to an administrative fine as follows:

Tobacco Retailer’s Permit Colma Municipal Code (July 2008) Page 4.10-3

(1) A fine not exceeding one hundred dollars ($100) for a first violation.

(2) A fine not exceeding two hundred dollars ($200) for a second violation.

(3) A fine not exceeding five hundred dollars ($500) for the third and subsequent
violations.

(4) Each day that tobacco products are offered for sale without a permit shall
constitute a separate violation. A finding of “offering for sale” will be made if these
tobacco products are actually sold and/or displayed in the retail establishment.

(c) FineProcedures. Notice of the fine shall be served on the retailer, individual, or entity who is owner of the establishment by certified mail. The notice shall contain an advisement of the right to request a hearing before the Director of the Environmental Health Division or his or her designee contesting the imposition of the fine. Said hearing must be requested within ten days of the date appearing on the notice of the fine. The decision of the Director of the Environmental Health Division shall be a final administrative order, with no administrative right of appeal.

(d) FailuretoPayFine. If said fine is not paid within 30 days from the date appearing on the notice of the fine or of the notice of determination of the Director of the Environmental Health Division or her or his designee after the hearing, the fine shall be referred to a collection agency within or external to the County. In addition, any outstanding fines must be paid prior to the issuance of any permit by the San Mateo County Environmental Health Division of the Department of Health.

[History: ORD. 538, 8/26/98; ORD. 670, 7/9/08]

The County of San Mateo, its officers, employees and agents are hereby authorized to enforce this ordinance on behalf of the Town, within the jurisdiction areas of this Town. Such enforcement authority includes, but is not limited to, the collection of fees and fines, expending such revenue in the enforcement of the tobacco retailer requirements, holding hearings, suspending permits and issuing administrative fines.

[History: ORD. 538, 8/26/98; ORD. 670, 7/9/08]

Tobacco Retailer’s Permit Colma Municipal Code (July 2008) Page 4.10-4

CHAPTER FOUR: BUSINESS ACTIVITIES

Subchapter 4.11: Shopping Cart Removal, Impoundment and Disposal

Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the Town of Colma. The accumulation of abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the Town. The intent of this Chapter is to insure that measures are taken by retail business establishment owners to prevent the removal of shopping carts from retail business establishment premises and parking lots, to make the removal of shopping carts a violation of this Code, and to facilitate the retrieval of abandoned carts as permitted by State law.

[History: ORD. 575, 6/14/00]

(a) Cart. Cart shall mean a basket which is mounted on wheels or a similar device provided by a business establishment for use by a customer for the purpose of transporting goods of any kind, including, but not limited to grocery store shopping carts.

(b) Owner.Owner shall mean any person or entity, who in connection with the conduct of a business, owns, possesses or makes any cart available to customers or the public. For purposes of this chapter owner shall also include the owner's on-site or designated agent that provides the carts for use by its customers.

(c) Premises. Premises shall mean the entire area owned and utilized by the business establishment that provides carts for use by customers, including any parking lot or other property provided by the owner for customer parking.

(d) Abandoned Cart. Any cart that has been removed from the premises of the business establishment, regardless of whether it has been left on either private or public property, is considered to be an abandoned cart.

[History: ORD. 575, 6/14/00]

Every cart owned or provided by any business establishment in the Town of Colma must have a sign permanently affixed to it that contains the following information:

(a) Identifies the owner of the cart or the name of the business establishment, or both

(b) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;

(c) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of State and Town of Colma law;

Shopping Cart Removal, Impoundment & Disposal Colma Municipal Code (March 2006) Page 4.11-1

(d) Lists a telephone number to contact to report the location of the abandoned cart; and

(e) Lists an address for returning the cart to the owner or business establishment.

(f) Lists an identification number for the cart.

[History: ORD. 575, 6/14/00]

Signs shall be placed in pertinent places near door exits and near parking lot exits warning customers that cart removal is prohibited and constitutes a violation of state and local law. The following specifications shall apply:

(a) Text shall notify the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of State and Town of Colma law;

(b) Signs shall measure 18 x 24 minimum;

(c) Lettering shall measure minimum 1 inch height;

(d) Signs shall be mounted 60 inches above the finished grade to the centerline of the sign.

[History: ORD. 575, 6/14/00]

(a) It shall be unlawful to either temporarily or permanently remove a cart from the premises or parking area of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed 72 hours.

(b) It shall be unlawful to be in possession of a cart that has been removed from the premises or parking area of a business establishment unless it is in the process of being immediately returned to the owner or business establishment

(c) This section shall not apply to carts that are removed for the purposes of repair or maintenance.

[History: ORD. 575, 6/14/00]

A retail business establishment may participate in the Town of Colma retrieval program or elect to contract its own retrieval program. The participation or election must be in writing in a form satisfactory to the City Manager.

(a) Retail business establishments who participate in the Towns Retrieval Service will be provided the following service:

Shopping Cart Removal, Impoundment & Disposal Colma Municipal Code (March 2006) Page 4.11-2

(1) Up to ten shopping carts per week will be collected and returned by the Town with no charge to the retail business establishment.

(2) If more than ten carts are returned, the retail business establishment shall pay
the Town $5.00 per additional cart beyond the first ten carts.

(b) If a retail business establishment elects to have its own retrieval service, carts from those retail business establishments would be left in place for the retail business establishments' own retrieval vendor to collect. To qualify under this provision, the retail business establishments retrieval program must meet these standards:

(1) A minimum of three (3) pickups per week, with at least one weekend pickup no
earlier than 5:00 PM each Saturday;

(2) Shopping carts are not left outside the premises or parking lot of a retail
establishment more than 48 hours.

[History: ORD. 575, 6/14/00]

(a) Except for shopping carts of businesses which participate in one of the programs described in the previous section of this ordinance, a shopping cart that has a sign affixed to it in accordance with section 4.11.030 may be impounded by the Town provided that:

(1) The shopping cart is left outside the premises or parking area of a retail
establishment; and

(2) Except as provided in the next section, the shopping cart is not retrieved within
three business days from the date the owner of the shopping cart, or his or her agent,
receives actual notice from the Town of the shopping carts discovery and location.

[History: ORD. 575, 6/14/00]

(a) Pursuant to Business and Professions Code Section 22435.7, any owner of a shopping cart, or his or her agent, that fails to retrieve its abandoned cart(s) after receiving the three-day notice described in section 4.11.070, shall pay the Town a fine not to exceed $50.00 for each occurrence in excess of three during the prior six months.

(b) The failure to retrieve abandoned carts in accordance with this Chapter in excess of three times during a specified six-month period shall be considered a nuisance which may be abated in accordance with the Towns Nuisance Abatement Ordinance (Municipal Code Chapter 1.11). In any proceeding under said ordinance, the City may move for an administrative fee set to offset the administrative costs for retrieving the cart(s) and providing the notification to the Owner.

[History: ORD. 575, 6/14/00]

Shopping Cart Removal, Impoundment & Disposal Colma Municipal Code (March 2006) Page 4.11-3

According to State Law, any cart not reclaimed from the Town within thirty (30) days after notification to the owner may be sold, recycled, or otherwise disposed of by the Town.

[History: ORD. 575, 6/14/00]

Shopping Cart Removal, Impoundment & Disposal Colma Municipal Code (March 2006) Page 4.11-4

CHAPTER FOUR: BUSINESS ACTIVITIES

Subchapter 4.12: Reusable Bags

The City Council of the Town of Colma finds that:

(a) The use of single-use carryout bags by consumers at retail establishments is detrimental to the environment, public health and welfare.

(b) The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions.

(c) Single-use carryout bags contribute to environmental problems and constitute a high percentage of litter in storm-drains, creeks, the bay and the ocean, which is unsightly, costly to clean up, and causes serious negative environmental impacts; and

(d) Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state and taxpayers and constitute a public nuisance.

(e) The Town of Colma has a substantial interest in protecting its residents and the environment from negative impacts from plastic carryout bags; and

(f) On October 23, 2012 the San Mateo County Board of Supervisors approved an Environmental Impact Report (“EIR”) and adopted an ordinance banning single-use carryout bags from stores, while requiring stores that provide reusable bags to charge customers ten cents ($.10) per bag initially and ($.25) after January 1, 2015; and

(g) The County’s EIR specifically analyzed the possibility of 24 cities (18 cities within San Mateo County and six cities in Santa Clara County) adopting the County’s ordinance within their own jurisdictions; and

(h) On November 6, 2012, San Mateo County adopted an ordinance banning single-use carryout bags from stores, while requiring stores to provide reusable bags; and

(i) The Town of Colma intends this Ordinance to fall within the scope of the County’s EIR and has therefore modeled this Ordinance on the County’s ordinance; and

(j) The City Council does find and declare that it should restrict the single use carry-out bags as set forth in this ordinance.

(a) "Customer" means any person obtaining goods from a retail establishment.

(b) "Garment Bag" means a travel bag made of pliable, durable material with or without a handle, designed to hang straight or fold double and used to carry suits, dresses, coats, or the like without crushing or wrinkling the same.

Reusable Bags Colma Municipal Code (January 2013) Page 4.12-1

(c) "Nonprofit charitable re-user" means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent of its revenues from the handling and sale of those donated goods or materials.

(d) "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized.

(e) "Prepared food" means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed.

(f) "Public eating establishment" means a restaurant, take-out food establishment, or any other business that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises.

(g) "Recycled paper bag" means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent post- consumer recycled content; is one hundred percent recyclable; and has printed in a highly visible manner on the outside of the bag the words "Reusable" and "Recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content.

(h) "Retail establishment" means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the County of San Mateo. "Retail establishment" does not include public eating establishments or nonprofit charitable re-users.

(i) "Reusable bag" means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse. A garment bag may meet the above criteria regardless of whether it has handles or not.

(j) "Single-use carry-out bag" means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure, including departments within a store, for the purpose of transporting food or merchandise out of the establishment. "Single-use carry-out bags" do not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk food or meat from a department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag

This subchapter shall not be implemented until April 22, 2013.

Reusable Bags Colma Municipal Code (January 2013) Page 4.12-2

(a) No retail establishment shall provide a single-use carry-out bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section.

(b) On or before December 31, 2014 a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of ten cents.

(c) On or after January 1, 2015 a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of twenty-five cents.

(d) Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag or a reusable bag unless the amount of the sale of such bag is separately itemized on the sale receipt.

(e) A retail establishment may provide one or more recycled paper bags at no cost to any of the following individuals: a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code.

Every retail establishment shall keep complete and accurate record or documents of the purchase and sale of any recycled paper bag or reusable bag by the retail establishment, for a minimum period of three years from the date of purchase and sale, which record shall be available for inspection at no cost to the County during regular business hours by any County employee authorized to enforce this part. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the retail establishment address. The provision of false information including incomplete records or documents to the County shall be a violation of this Chapter.

(a) Grounds for Fine. A fine may be imposed upon findings made by the Director of the Environmental Health Division, or his or her designee, that any retail establishment has provided a single-use carry-out bag to a customer in violation of this Chapter.

(b) Amount of Fine. Upon findings made under subsection (a), the retail establishment shall be subject to an administrative fine in an amount not to exceed the amounts set forth in section 1.05.020 of the Colma Municipal Code as penalties for an infraction.

(c) Separate Violations. Each day that a retail establishment has provided single-use carry- out bags to a customer constitutes a separate violation.

Reusable Bags Colma Municipal Code (January 2013) Page 4.12-3

(d) Fine Procedures. Notice of the fine shall be served on the retail establishment. The notice shall contain an advisement of the right to request a hearing before the Director of the Environmental Health Division or his or her designee contesting the imposition of the fine. The grounds for the contest shall be that the retail establishment did not provide a single-use carry- out bag to any customer. Said hearing must be requested within ten days of the date appearing on the notice of the fine. The decision of the Director of the Environmental Health Division shall be based upon a finding that the above listed ground for a contest has been met and shall be a final administrative order, with no administrative right of appeal.

(e) Failure to Pay Fine. If said fine is not paid within 30 days from the date appearing on the notice of the fine or of the notice of determination of the Director of the Environmental Health Division or his or her designee after the hearing, the fine shall be referred to a collection agency.

If any provision of this subchapter or the application of such provision to any person or in any circumstances shall be held invalid, the remainder of this subchapter, or the application of such provision to person or in circumstances other than those as to which it is held invalid, shall not be affected thereby.

The County of San Mateo, its officers, employees and agents are hereby authorized to enforce, on behalf of the Town of Colma, this subchapter and any amendments thereto, within the jurisdictional boundaries of the Town of Colma. Such enforcement authority includes, but is not limited to, the collection of fees and fines, and the authority to hold hearings and issue administrative fines for violations of this Chapter within the geographical limits of the Town of Colma.

Reusable Bags Colma Municipal Code (January 2013) Page 4.12-4

CHAPTER FOUR: BUSINESS ACTIVITIES

Subchapter 4.13: SUSTAINABLE FOOD SERVICE WARE

5.01.010 General Provisions 5.01.020 Normal Procedure 5.01.030 Project Applications 5.01.040 City Planner to Determine Completeness of Project Application 5.01.050 Time Limitations

Subchapter 5.02: Subdivision and Parcel Maps

5.02.010 Application
5.02.020 Definitions
5.02.030 Lot Line Adjustments
5.02.040 Submission of Map to OIM, etc.
5.02.050 Notice to Adjacent Landowners, etc.
5.02.060 Notice of Public Hearing
5.02.070 Conversion of Real Property to Condominium Projects, etc.
5.02.080 Procedure for Tentative Maps
5.02.090 Procedure for Vesting Tentative Maps
5.02.100 Procedure for Final Maps
5.02.110 Procedure for Parcel Maps
5.02.120 Extensions
5.02.130 No Action
5.02.140 Security
5.02.150 Findings
5.02.160 Design
5.02.170 Improvements
5.02.180 Soils Report
5.02.190 Dedications
5.02.200 Combining Parcels of Land

Subchapter 5.03: Zoning

5.03.010 Title
5.03.020 Purpose
5.03.030 General Prohibition
5.03.040 Zones and Boundaries Thereof
5.03.050 Zone Boundaries
5.03.060 “G” Zone
5.03.070 “R” Zone

5.10.010 Findings 5.10.020 Goals and Objectives 5.10.030 Definitions 5.10.040 TSM Administrator 5.10.050 TSM Advisory Committee 5.10.060 TSM Requirements

Subchapter 5.11: Water Efficient Landscape Regulations

5.11.010 Findings and Purpose
5.11.020 Applicability
5.11.030 Definitions
5.11.040 Enforcement and Administration
5.11.050 Compliance with Landscape Documentation Package
5.11.060 Elements of the Landscape Documentation Package
5.11.070 Water Efficient Landscape Worksheet
5.11.075 Groundwater Recharge Credit for Cemeteries
5.11.080 Soil Management Report
5.11.090 Landscape Design Plan
5.11.100 Irrigation Design Plan
5.11.110 Grading Design Plan
5.11.120 Certificate of Completion and Landscape Installation
5.11.130 Post-Installation Irrigation Scheduling
5.11.140 Post-Installation Landscape and Irrigation Maintenance Schedule
5.11.150 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis
5.11.160 Irrigation Efficiency
5.11.170 Recycled Water
5.11.175 Graywater Systems
5.11.180 Provisions for New Construction, Rehabilitated Landscapes or Existing
Landscapes
5.11.190 Stormwater Management
5.11.200 Public Education
5.11.210 Environmental Review
5.11.220 Water-Waste Prevention – Runoff Prohibited

Subchapter 5.13: Park Land Dedication

5.13.010 Authority
5.13.020 General Requirement
5.13.030 General Standard for Dedication of Land or Payment of Fee
5.13.040 Formula for Dedication of Land
5.13.050 Formula for Fees in Lieu of Land Dedication
5.13.060 Use of Fees
5.13.070 Criteria for Requiring both Dedication and Fee
5.13.080 Amount of Fee in Lieu of Park Land Dedication
5.13.090 Subdivision Not Within General Plan
5.13.100 Determination of Land or Fee
5.13.110 Credit got Private Recreation or Open Space
5.13.120 Procedure
5.13.130 Commencement of Development

5.14.100 Remedies Separate and Cumulative

Subchapter 5.15: Requests for Reasonable Accommodations in Housing

5.15.010 Purpose
5.15.020 Applicability
5.15.030 Application Requirements
5.15.040 [Repealed]
5.15.050 Public Notice
5.15.060 Consideration of Request; Public Hearing
5.15.070 Notice of Decision
5.15.080 Appeal of Determination

Subchapter 5.16: Special Events

5.16.010 Findings and Purposes
5.16.020 Definitions
5.16.030 Unlawful to Obstruct Access
5.16.040 Spontaneous Special Events
5.16.050 Permit Required for Special Events
5.16.060 Exemptions to Special Event Permit Requirement
5.16.070 Application for Special Event Permit
5.16.080 Action by Zoning Administrator Upon Application
5.16.090 Grounds for Denying or Revoking Special Events Permit
5.16.100 Departmental Service Charges
5.16.110 Liability for Damage to Public Property
5.16.120 Insurance and Indemnification
5.16.130 Revocation or Suspension of Special Event Permit
5.16.140 Appeals
5.16.150 Permittee Duties
5.16.160 Permit Possession

5.17.010 Purpose

Chapter Five - Detailed Table of Contents – Planning, Zoning, etc Colma Municipal Code (April 2022) Page 9 of 11

5.17.050 Development Standards 5.17.060 Permit Requirements 5.17.070 Application for Use Permit 5.17.080 Findings for Approval of WCFs 5.17.090 Standard Conditions 5.17.100 Pre-Application Meetings 5.17.110 State or Federal Preemption 5.17.120 Use of Outside Consultants 5.17.130 Transfer of Operation 5.17.140 Abandonment or Discontinuation of Use 5.17.150 Revocation 5.17.160 Appeals; Reconsideration

Subchapter 5.18: Procedures and Requirements for Consideration of Development Agreements

5.18.010 Application for Development Agreement
5.18.020 Review
5.18.030 Development Agreement Required for General Plan Amendment
5.18.040 Contents of Development Agreement
5.18.050 Term
5.18.060 Public Hearing on Development Agreement
5.18.070 Findings for Approval of a Development Agreement
5.18.080 Approval Form, Withdrawal and Effective Date
5.18.090 Recordation; Successors
5.18.100 Regulations and Policies Applicable to the Development Project
5.18.110 Enforcement of Development Agreement
5.18.120 Periodic Review of Development Agreement

Subchapter 5.19: Accessory Dwelling Units

5.19.010 Findings
5.19.020 Purpose
5.19.030 Definitions
5.19.040 Effect of Conforming Accessory Dwelling Unit
5.19.050 Locations Permitted
5.19.060 Permit Procedures
5.19.070 Standards
5.19.080 Deed Restriction

Subchapter 5.20 Public Trees

5.20.010 Purpose
5.20.020 Definitions
5.20.030 Administration
5.20.040 Interference with city employees, contractors or representatives

(a) No building shall hereafter be constructed, reconstructed, altered, enlarged, moved or maintained, except for the purposes specified in, and in compliance with, the provisions of this chapter.

(b) No building or land may be used, designed, or intended to be used, except for the purposes specified in, and in compliance with, the provisions of this chapter.

(c) No lot may be split, and no lot area diminished or maintained, except for the purposes specified in, and in conformity with, the provisions of this chapter.

[History: formerly § 5.101; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

The normal procedure of obtaining approval for the construction, reconstruction, alteration, enlargement, movement or maintenance of building, or for the use of any building or land, is as follows:

(a) Follow the EIR procedures set forth in Subchapter Two of Chapter Three of this Code and the state EIR guidelines;

(b) Conform the project to the Town of Colma General Plan or apply for an amendment thereto;

(c) Obtain approval under the City Subdivision and Parcel Map Ordinance, in accordance with Subchapter Two herein;

(d) Obtain a Building Permit, and all related approvals, in accordance with this Chapter and all applicable requirements of Subchapters 5.04 and 5.07 of Chapter 5 of the Colma Building Code;

(e) Obtain a building permit, grading permit and all related approvals, in accordance with this Chapter and all applicable requirements of Subchapters 4.04 and 4.07 of Chapter 5 of this Code.

(f) Obtain other necessary permits and approvals.

[History: formerly § 5.102; ORD. 234, 3/14/79; ORD. 638, 12/14/05; ORD. 687, 1/13/10]

The basic form of application for any entitlement of use in the Town of Colma is the Town of Colma Project Application. An applicant may submit one Project Application for the entire

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project for which he seeks a permit, license or other entitlement of use, or may submit different applications for the entire project, provided that the first application adequately describes the entire project.

[History: formerly § 5.103; ORD. 234, 3/14/79; ORD. 345, 3/11/87; ORD. 638, 12/14/05]

The City Planner shall, within 30 calendar days after the City has received an application for a development project, determine, in writing, whether such application is complete and shall immediately transmit such determination to the applicant to the address indicated on the application form. In the event that the application is determined not to be complete, the City Planner shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. That part of an application for a permit, license or other entitlement to use which first requires the adoption or amendment of the General Plan or any ordinance of the Town of Colma shall be deemed incomplete until such adoption or amendment of the General Plan or ordinances. That part of an application that first requires compliance with the Town of Colma EIR Ordinance (Chapter Three, Subchapter Two of the Code) shall be deemed incomplete until completion of the EIR process set forth herein.

[History: formerly § 5.104; ORD. 234, 3/14/79; ORD. 345, 3/11/87; ORD. 638, 12/14/05]

[Reference: GOV’T CODE §65920 et seq.]

(a) Whenever the Town of Colma is the lead agency (as defined in section 3.02.010 of the Code) on a development project, the City Council shall approve or disapprove such project within whichever of the following periods of time results in an earlier deadline date:

(1) Ninety days after completion of the EIR process set forth in Chapter Three,
Subchapter Two of this Code;

(2) One year after acceptance of the application as complete.

(b) Whenever the Town of Colma is the responsible agency (as defined in section 3.02.010 of this Code) on a development project and the application has been accepted as complete, the City Council shall approve or disapprove such project within whichever of the following periods of time results in a later deadline date:

(1) 180 days after the lead agency has approved or disapproved the project; or

(2) 180 days after the date on which the application has been received and accepted
as complete by the Town of Colma.

(c) The Mayor may, after consultation with any council member, grant a reasonable extension up to 90 days of the time limitations set forth in subsections (a) or (b) above, provided that compelling circumstances justify additional time and the applicant consents to the extension.

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(d) The failure to approve or disapprove a development project application within the time limits set forth in this section shall be deemed an approval of the project.

[History: formerly § 5.105; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

[Reference: GOV’T CODE §65920 et seq.]

(a) It shall be the duty of the Police Department of the City, and all officers of said City otherwise charged with the enforcement of the law, to enforce this chapter.

(b) Any Person (as defined in section 1.01.100 of this Code) violating any of the provisions of this chapter, including, but not limited to, the provisions of sections 5.01.010, 5.02.010, 5.03.030, 5.04.010, 5.06.030, and 5.09.040, shall be guilty of a misdemeanor. Such person shall be deemed guilty for each day during any portion of which any violation is committed, continued or permitted and shall be punished as herein provided.

(c) The City Attorney, upon request of the City Council, shall institute any necessary civil proceedings to enforce the provisions of this chapter, and he is hereby authorized, in addition to the remedy herein provided, to institute an action for an injunction to restrain, or to institute any other appropriate action or proceedings to enforce such provisions.

[History: formerly § 5.106; ORD. 234, 3/14/79; ORD. 638, 12/14/05, ORD. 643, 4/12/06]

(a) If any person shall construct, reconstruct, alter, enlarge, move or maintain any building in the Town of Colma, or use or permit to be used any building or land in the Town of Colma, or split, diminish or maintain any lot area in the Town of Colma, without first obtaining all permit, licenses or other entitlements of use required of such person by this chapter, a late filing fee shall be assessed in connection with each such permit, license or other entitlement of use that should have been obtained.

(b) For each permit, license or other entitlement of use covered by subsection (a) above, the late filing fee shall be $50.00 for each month or portion thereof from the date of first violation of any of the provisions of this chapter to the date that a completed application for such permit, license or other entitlement of use is received by the Town of Colma.

(c) Payment of the sums specified in this section shall not validate any action in violation of this chapter, and shall not relieve any person from liability under the provisions of section 5.01.060 of this Code.

[History: formerly § 5.107; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

Except where the context otherwise indicates, the following words and phrases shall have respective meanings ascribed thereto whenever such words and phrases are used in this chapter or in any amendments thereto hereinafter enacted:

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Accessory Building means a portion of building or a detached subordinate building located on the same lot, the use of which is customarily incidental to that of the main building or to the use of the land. A building or structure shall be considered part of the principal dwelling if a substantial part of the wall of a building is a part of the main building, or if the building or structure is attached to the main building in a substantial manner by a roof, or if there is a common wall with a doorway between the building and the principal dwelling. Examples of accessory buildings and structures that are customarily incidental to a residence include, but are not limited to: a detached garage, tool shed, storage shed, carport, greenhouse, gazebo, detached patio cover, and similar buildings; accessory dwelling units are not accessory buildings per Subchapter 5.19.

Alley means a public or private way permanently reserved as a secondary means of access to abutting property.

Antenna means any system of wires, poles, rods, discs, dishes or similar devices used to collect or radiate electromagnetic waves or signals for any purpose. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. An antenna does not include the support structure upon which the antenna is mounted.

Boarding house shall mean a building used for residential purposes, other than a hotel, wherein three (3) or more rooms, with individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence.

Building means any structure having a roof supported by columns or walls for the housing, use or occupancy of persons, animals or personal property. For purposes of the Zoning Code, uncovered, ground-level patios and decks are not buildings. Where a building is separated by a division wall without opening, each portion of such dwelling shall be deemed a separate building.

Commercial Center shall mean and refer to a group of commercial establishments and light industrial establishments (provided that the majority of the establishments are principally engaged in the retail sale of personal property) planned, designed and developed in a unit, and related in its location, size and type of shops.

Commercial Core means property adjacent to or which has driveway access to Serramonte Boulevard between Hillside Boulevard and Junipero Serra Boulevard, Collins Avenue, Junipero Serra Boulevard between Collins Avenue and Colma Boulevard, and Colma Boulevard between Junipero Serra Boulevard and the westernmost boundary of the City and County of San Francisco easement.

Commercial Establishment shall mean and refer to an establishment that engages in the purchase or sale of real property, personal property or services to the general public, or any segment thereof, for their own use, consumption or enjoyment. As used herein, commercial establishment shall exclude any establishment substantially engaged in the assembly, construction, alteration, manufacture, repair or packaging, or destruction of any real or personal property.

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Commercial Marijuana Activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.

Construction Yard means an area where construction materials, equipment, containers for storage of construction materials, and containers for removal or disposal of construction debris are located to facilitate the lawful construction or renovation of a nearby building or structure. A Construction Yard with Office or Overnight Facilities means a Construction Yard that includes an office or Overnight Facilities. A Construction Yard may include multiple temporary structures or containers if al structures and containers are used by the same contractor or for the same project.

Cottage food employee means an individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator. Cottage food operation means an enterprise that is operated by a cottage food operator and not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part. A cottage food operation includes both of the following: (1) A “Class A” cottage food operation, which is a cottage food operation that may engage only in direct sales of cottage food products; (2) A “Class B” cottage food operation, which is a cottage food operation that may engage in both direct sales and indirect sales of cottage food products. The terms "direct sale" and “indirect sales” are defined in Health and Safety Code section 113758. Cottage food operator means an individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation. Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. Delivery means the commercial transfer of marijuana or marijuana products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products. Developer means any person applying for, constructing, placing, or undertaking a development project.

Development means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of

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any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511 of the Public Resources Code). "Development" does not mean a "change of organization", as defined in Section 56021 or a "reorganization", as defined in Section 56073 of the Government Code.

Development Project shall mean and refer to any project undertaken for the purposes of development.

Distribution means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.

Dwelling unit means a building or portion thereof designed or used for occupancy for no fewer than 30 consecutive days by persons living as one household. [See: accessory dwelling unit in Subchapter 5.19, single-family dwelling unit, multiple family dwelling unit.]

Emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

Family means, and is used interchangeably with, household.

Fire Lane means an off-street, access-way, or driveway serving buildings, or properties, as required by the Fire Code and approved by the Colma Fire Protection District. Unless otherwise required and/or approved by the Colma Fire Protection District, fire lanes shall provide access for fire apparatus to within 150 feet of any point of the building. A fire lane shall have a minimum unobstructed clear width of 20 feet, exclusive of any parked vehicles or storage. Fire lanes shall have a minimum vertical clearance of 13 feet 6 inches, and minimum turning radius of 20 feet interior and 54 feet exterior. Where fire lanes exceed 150 feet in length an approved turnaround shall be provided.

Golf Course shall mean and refer to and include private grounds over which the game of golf is played, and consisting of not less than 40 acres for each nine hole course, but shall not mean and shall not include miniature golf courses, "Par 3 Golf Courses", driving or practice tees.

Group Residential Facility means any family home, group care facility, or similar facility, other than an emergency shelter, providing for twenty-four-hour non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. A residential care home serving six or fewer persons shall be considered a single family dwelling for all zoning purposes.

Home Office shall mean and refer to the incidental use of a dwelling unit for an office or a place of instruction, provided that the principal user of the office or place of instruction is a resident of the dwelling unit;

Household shall mean one or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a

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single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.

Industrial Establishment shall mean and refer to an establishment substantially engaged in the assembly, construction, manufacture, repair, packaging, movement or destruction of real or personal property.

Licensee means the holder of any state issued license related to marijuana activities, including but not limited to licenses issued under Division 10 of the Business & Professions Code.

Light Industrial Establishment shall mean and refer to an establishment substantially engaged in the assembly, construction, alteration, manufacture, repair, packaging, movement or destruction of personal property only, where such activities take place solely within a building on the premises.

Lot means land held under separate ownership and occupied or to be occupied by a building or unit group of buildings, together with such yards, open spaces, lot width and lot area as are required by this ordinance, and having its principal frontage on a street.

Lot Depth means the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

Lot Width means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

Manufactured home means a structure, with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following), that was constructed on or after June 15, 1976, is transportable in one or more sections, is built on a permanent chassis and designed to be used as a single-family dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:

1. Industrial hemp, as defined in Section 11018.5 of the California Health & Safety

Code; or

2. The weight of any other ingredient combined with marijuana to prepare topical

or oral administrations, food, drink, or other product.

Marijuana accessories means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing,

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packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

Marijuana products means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

Minor use means a use determined by the City Planner to be incidental to and a minor addition to a generally permitted use or a conditionally permitted use of property. By way of example only, the following may be considered minor uses: the addition to a vehicular sales establishment of a detached tent for display purposes where the tent structure is significantly smaller than the permanent buildings on the site; the addition to an auto repair facility of a display space for on-site sale of auto accessories.

Multiple dwelling means a building comprised of two or more dwelling units.

Non-Conforming Use means a use which lawfully occupied a building or land at the time this ordinance became effective and which does not conform with the use regulations of the district in which it is located.

Outdoor Sales Event means the temporary outdoor display or sale by a retail business of merchandise which is normally displayed indoors at the same location as the outdoor sale.

Parking Access Way means a private roadway or off-street aisle in a parking lot providing direct access to off-street parking spaces. Such facilities shall measure no less than twenty-four (24) feet wide and, in the case of private roadways, shall be the clear distance between face of curbs. Private roadways shall have vertical curbs and the curbs shall be painted red and clearly marked "NO PARKING".

Parking Space shall refer to off-street parking spaces in the quantity specified for the various zoning districts as further defined below:

(a) Standard Parking Space shall refer to a standard off-street parking space measuring no less than nine (9) feet wide by nineteen (19) feet long, with direct access to a parking access aisle or street. Parked vehicles shall not be allowed to overhang adjacent landscape or walkway areas, and parking spaces shall not include landscape, walkway areas or parking access aisles in their dimension.

(b) Compact Car Parking Space shall refer to a standard off-street parking space specifically designed for compact car parking and measuring no less than seven and one-half (7-1/2) feet wide by sixteen (16) feet long. Compact car parking is subject to City Council approval and may be allowed up to a maximum of thirty percent (30%) of the total required off-street parking in large (over 100,000 square feet) commercial shopping centers only. Compact car spaces shall be located in accordance with such guidelines as may be established from time-to- time by resolution of the City Council.

(c) Accessible Parking Space shall refer to an off-street parking space specifically designed for use by disabled individuals. The number and sizes of these parking spaces shall be as

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required by the provisions of the Colma Building Code. Such spaces shall be located as close to the facility being served as practical.”

Person includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. Private residence means a house, an apartment unit, a mobile home, or other similar dwelling. Processing costs shall mean:

(a) the charges for the time spent by all employees, agents, and consultants of the city, except the City Manager, City Attorney, and their respective staffs, to investigate, review, process or recommend action with respect to a development project; and

(b) the reimbursable costs defined in this section.

Processing fees means the fees charged to recover processing costs.

Promotional Event means an event announcing or promoting a milestone for a business, such as a grand opening or re-opening celebration, that includes limited outdoor use of the site or parking lot.

Reimbursable expenses means reasonable and necessary transportation, transmission, copying and communication expenses directly related to investing, reviewing, processing or recommending action with respect to a development project.

Retail Merchandising Unit (RMU) shall mean a movable cart, kiosk or similar device occupying a specific location on a regular basis and tended by a person who, in any public place or place open to the general public, sells or offers for sale any goods, wares or merchandise over the counter of a kiosk or cart.

Rooming house shall mean a building used for residential purposes, other than a hotel, wherein three (3) or more rooms, without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence.

Sale includes any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana products was purchased, et seq. Single-family dwelling means a detached building designed exclusively for occupancy by one (1) family.

Supportive Housing means housing with no limit on length of stay; that is occupied the target population defined in Health and Safety Code section 53260, including families with children, elderly persons, young adults aging out of the foster care system, persons with disabilities, and homeless people; and that is linked to onsite or offsite services that assist the supportive

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housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Support Structure means any structure designed and constructed to support antennas, including self-supporting lattice towers, guy-wire support towers or monopoles.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Temporary Use means a use that is designed to be of limited duration and will not permanently alter the character or physical facilities of the site where they occur.

Transitional Housing means group or multifamily rental housing designated for a homeless individual or family transitioning to permanent housing, where stays are for at least six months and units are re-circulated to another recipient after a set period.

Wireless Communications means any communications transmissions through the airwaves including, but not limited to, cellular, paging, personal communications services (PCS), data, microwave communications service, direct broadcast satellite service, multipoint distribution services, satellite earth station, television broadcast, AM/FM radio broadcast, amateur radio.

Wireless Communications Facilities means the equipment and property, including, but not limited to, the towers, poles, pipes, mains, conduits, ducts, pedestals, electronic equipment, electrical meters, connectors, enclosures, and Antennas, used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications.

Yard means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance.

Yard, Front means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

Yard, Rear means a yard extending across the full width of the lot between the main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear lot line.

Yard, Side means a yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard.

Zoning Clearance shall mean a determination by the Zoning Administrator that a use or proposed use of property complies with the provisions of this Code at the time of the determination.

[History: formerly § 5.110, ORD. 234, 3/14/79; ORD. 298, 6/13/84; ORD. 319, 5/8/85; ORD. 425, 7/10/91; ORD. 480, 5/10/95; ORD. 506, 3/12/97; ORD. 563, 10/18/99; ORD. 600, 6/25/03; ORD. 617, 6/16/04; ORD. 628, 5/11/05; ORD. 638, 12/14/05; ORD. 646, 7/12/06, ORD. 662, 9/12/07; ORD. 687, 1/13/10; ORD. 706, 3/14/12; ORD. 713, 10/10/12; ORD. 724, 6/12/13; ORD. 728, 10/9/13; ORD. 754, 1/13/16; ORD. 766, 11/9/16; ORD. 768, 12/14/16; ORD. 770, 3/22/17; ORD. 779, 5/23/18]

General – Planning, Zoning Colma Municipal Code (May 2018) Page 5.01-10

[References: Health & Safety Code § 113758]

General – Planning, Zoning Colma Municipal Code (May 2018) Page 5.01-11

CHAPTER FIVE: PLANNING, ZONING, USE, AND DEVELOPMENT OF LAND AND IMPROVEMENTS

Subchapter 5.02: Subdivision and Parcel Maps

This subchapter shall be known as the "Zoning Ordinance" of the Town of Colma.

[History: formerly § 5.301; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

There is hereby adopted a zoning or districting plan for the Town of Colma. This plan is adopted to promote and protect the public health, safety, peace, morals, comfort, and general welfare. It consists of the establishment of various zones, including therein all the territory within the boundaries of said town, within some of which zones it shall be lawful and within some of which zones it shall be unlawful to construct, reconstruct, alter, enlarge, move, or maintain certain buildings or to use certain lands or buildings, and it further consists of appropriate regulations to be enforced in such zones, all as set forth in this ordinance.

[History: formerly § 5.302; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

For the purpose of this subchapter, unless the context otherwise requires, the following definitions shall be used in the interpretation of this subchapter.

“Accessorydwellingunit” or “ADU” means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent living, sleeping, eating, cooking, and sanitation provisions on the same parcel where the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1. An efficiency unit.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

“Accessorystructure” means a structure that is accessory and incidental to a dwelling located on the same lot.

“Antennaesleeveflag” means a flag made out of fabric or plastic attached to a sleeve or tube which is placed over the antennae of an automobile as a means of drawing attention to the vehicle.

“Area of a sign” means the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the necessary support or uprights on which such sign is placed but including any sign tower. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the

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sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

“Attachedtoabuilding” means the sign is supported, in whole or in part, by a building.

“Balloon” means any object enlarged or inflated by less than five cubic feet of air or gases.

“Banner” means any sign constructed of fabric or sheeting that is mounted between two poles or attached to a structure by two or more edges and intended to be displayed for a limited time (less than 60 consecutive days).

“Bunting” means any woven fabric in single or multiple colors used for decoration.

“Changeable” means any sign, banner, bunting or inflatable that is used for a short-term sales promotion and not intended for permanent display.

“Commercialsign” means any sign with wording, logo or other representation that directly or indirectly names, advertises or calls attention to a product or service for purchase or sale, or to any business or organization that is engaged in, or plans to engage in, the sale or purchase of a product or service.

“Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

“ConversionADUs” for single-family properties mean ADUs created from the existing space within a proposed or existing primary home or the existing space of an accessory structure. For multi-family properties, conversion ADUs are created from non-livable portions of an existing structure (spaces not used for living, sleeping, eating, cooking, or sanitation).

“Cutout letter sign” means a fascia sign consisting of individual cutout letters separately attached to the building wall.

"Densitybonus" means a density increase over the otherwise allowable maximum residential density granted pursuant to Government Code Section 65915 and this Code.

“DetachedADUs”means newly constructed ADUs located on the same property as an existing or proposed single-family or multi-family residence, fully detached from the primary residence.

“Directly illuminated sign” means a sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light inside or on the sign.

“Efficiencykitchen”means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

“Efficiencyunit”has the same meaning as that defined in Section 17958.1 of the Health and

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Safety Code.

“Electronicsubmittal”means the submission of materials via electronic mail.

“Fasciasign” means a sign attached flush to the exterior wall of a building so that copy is meant to be viewed along sight lines perpendicular to the wall of the building.

“Flagstring” means a series of cut pieces of cloth, plastic or other material strung together and mounted between two poles or attached to a structure by two or more edges and intended to be displayed for a limited time (less than 60 consecutive days).

“Freewaysign” means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only a limited or restricted right or easement of access, the precise route for which has been determined and designated as a freeway by an authorized agency of the State or a political subdivision thereof. The term shall include the main traveled portion of the traffic way and all ramps and appurtenant land and structures.

“Heightofasign” means the vertical distance from the uppermost point used in measuring the area of a sign, as defined in Section) 5.03.030, to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street, alley or highway (other than a structurally elevated roadway), whichever measurement permits the greater elevation of the sign.

“Historic resource” means structures and sites which have one or more of the following characteristics:

1. A reminder of past years, events, and persons important in local, state, or national

history;

2. An example of a once common structure with a design that specifically relates to its

now rare or nonexistent first use or business;

3. A unique or irreplaceable asset to the Town or a neighborhood, which asset enriches

human life and/or serves an educational benefit by providing future generations examples of the physical surroundings of the past;

4. An example essential to maintaining the overall historic character of a larger area;

5. A structure having architectural significance. A structure determined to have

architectural significance shall be one which is valuable as an example of:

a. Architectural design that is attributable to a historic period;

b. A commonly identified architectural style or method of construction;

c. Architectural design that is unusual, beautiful or ingenious; d. A notable work of a major builder or designer;

e. Unusual quality of workmanship;

f. Unusual use of construction materials.

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“Impact Fee” has the same meaning as the term “fee,” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact Fee” does not include any connection fee or capacity charge by a local agency, special district, or water corporation.

“Indirectlyilluminatedsign”means a sign illuminated with a light directed primarily toward it and so shielded that no direct rays from the light are visible elsewhere than on the parcel where the sign is located. If not effectively so shielded, such sign shall be deemed to be a directly illuminated sign.

“Inflatable”means any shaped object enlarged or inflated by more than five cubic feet of air or gases.

“JuniorAccessoryDwellingUnit”or “JADU”means a residential unit that is no more than 500 square feet of interior livable space in size and contained entirely within an existing single- family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

“Large family day care home” means a home licensed by the State Department of Social Services or designee pursuant to state law that provides family child care for up to 12 children, or for up to 14 children including children under the age of 10 who reside at the home or are the children of an assistant childcare provider, for periods of less than 24 hours a day while the parents or guardians are away.

“Livablespace” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

“Livingarea” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

“Low barrier navigation centers” means a housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.

“Master sign program” means a plan indicating the location, size and type of signs for an entire property or series of properties.

“Monument sign” means a sign the bottom edge of which lies on the ground. A wood supported or wood framed sign which, to avoid soil contact, retains a clearance from the ground of no more than six inch clearance.

“Non-commercialsign”means any sign that is not a commercial sign.

“Non-conformingzoningcondition”means a physical improvement on a property that does not conform with current zoning standards.

“Non-illuminated sign” means a sign which is not artificially illuminated, either directly or indirectly.

“Objectivedesignstandards”means those that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public

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official prior to submittal.

“Off-site sign” means a sign which directs attention to a business, commodity, industry or other activity which is sold, offered or conducted elsewhere than on the premises where the sign is located, or which is sold, offered or conducted on such premises only incidentally if at all.

“On-sitesign”means a sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered, or conducted, other than incidentally, on the premises upon which such sign is located or to which it is affixed. Where a number of commodities with different brand names or symbols are sold on the premises, up to 1/3 of the area of an on- site sign, up to 25 square feet, may be devoted to the advertising of one or more of those commodities by brand name or symbol as an accessory function of the on-site sign, and provided also that any limits which may be imposed by this Code on the area of individual signs and the area of all signs on the property are not exceeded. On-site signs shall also include signs which present a non-commercial message.

“Outdoordecorations”means, pennants, banners, streamers, ribbons or similar displays used to create a festive atmosphere.

“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

“PermittingAgency”means any entity involved in reviewing a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

“Polesign”means a sign, no part of which is supported by a building. The sign support shall consist of a pole or sign tower. Regulations for pole signs shall not apply to monument signs.

“Projection”means the horizontal distance by which the farthest point used in measuring the area of a sign, as defined in section 5.30.030. extends beyond a street property line or a building setback line. A sign placed flat against the wall of a building parallel to a street or alley shall not be deemed to project for purposes of this definition. A sign on an awning or canopy shall be deemed to project to the extent that such sign extends beyond a street property line or a building setback line.

“Prominent display vehicles” means vehicles positioned on platforms, scissor ramps, in a showroom or area of high street visibility in order to attract customers.

“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

“Roofsign” means a sign extending in whole or in part beyond the roof line of a building, or erected or painted on or over the roof covering any portion of a building, whether supported on the roof or on an independent structural frame or sign tower, or located on the side or roof of a penthouse, roof tank, roof shed, elevator housing or other roof structure.

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“Saleorleasesign” means a sign which serves only to communicate the availability for sale, lease or rental the lot or building on which it is placed, or some part thereof.

“Shoppingcenter”means a group of stores and shops on a single parcel or contiguous parcels of land which holds itself out as a central retail market.

“Sign” means any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected or represented on any land or right-of-way, or on the outside of any building or structure, including an awning, canopy, marquee or similar appendage, or affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark or other representation used as, or in the nature of, any announcement, advertisement, attention-arrester, direction, warning or designation, by or of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry. A “sign” is composed of those elements included in the area of the sign as defined in section 5.30.030 of this Code, and in addition the supports, uprights and framework of the display. Except in the case of off-site signs, two or more faces shall be deemed to be a single sign if such faces are contiguous on the same plane, or are placed back-to- back to form a single structure and are at no point more than two feet from one another.

“Signfield”means the background to which the sign message is contrasted.

“Signpermit”means a permit issued pursuant to section 5.30.340 to permit applicable signs.

“Signprogram”means a Master Plan describing overall sign design, lettering, sign placement, materials and size standards for signs on a development site.

“Signtower”means a tower, whether attached to a building, free-standing, or an integral part of a building, which has a sign attached thereto.

“SingleRoomOccupancy(SRO)”means a form of housing that is typically aimed at residents with low or minimal incomes who rent small, furnished single rooms with a bed, chair, and sometimes a small desk. SRO units are rented out as permanent residence and/or primary residence to individuals, within a multi-tenant building where tenants share a kitchen, toilets or bathrooms.

“Smallresidentialrooftopsolarenergysystem”means a solar energy system that meets all of the following: (1) is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal; (2) conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the Town, and all State and local Health and Safety standards as adopted or amended by the Town; (3) is installed on a single or duplex family dwelling; and (4) the panel or module array does not exceed the maximum legal building height as defined by the Town.

“Solarenergysystem” means a solar energy system as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.

“Specific,adverseimpact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

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“Streetpropertyline” means, for purposes of the Signs subchapter only, any line separating private property from either a street or an alley.

“Supportivehousing” is a combination of housing and services intended as a cost-effective way to help people live more stable, productive lives.

“Tandemparking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

“Temporarynon-commercialsign”means a temporary sign with a non-commercial message.

“Temporary sign” means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, that is not designed or intended to be placed permanently.

“Temporarysignage” means any sign, banner, bunting, balloon, or outdoor decoration to be displayed for a period of three days or less.

“Undercanopysign”means a sign attached under a canopy or soffit of a building so located as to be viewed by pedestrians using the sidewalk fronting the premises.

“Vehiclepricesign”means any sign painted or affixed to the inside or outside of window of a vehicle advertising the price or features only.

“Wind sign” means any sign composed of two or more banners, flags, or other objects, mounted serially and fastened in such a manner as to move upon being subjected to pressure by wind or breeze.

“Windowsign”means any sign painted or affixed to the inside or outside of a building window.

[History: formerly § 5.302; ORD. 234, 3/14/79; ORD. 638, 12/14/05; Urgency ORD. 813, 12/14/22; ORD. 818, 2/14/24; ORD. 2026-829]

No person may use, design, or intend to be used, any building or land in the Town, except for the purposes specified in, and in compliance with, the provisions of this subchapter.

[History: formerly § 5.303; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

(a) The following land use zones shall be established in the Town:

G - Golf and Cemetery Zone

R - Residential

R-S - Neighborhood Residential [ORD. 536, 7/8/98]

C - Commercial

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P - Public E - Executive, Administrative

T - Transit

F - Flood Hazard/Safety

DR - Design Review

DR(s) - Design Review – Spanish/Mediterranean

(b) The zones aforesaid and the boundaries of such zones are shown upon a map filed with the City Clerk and designated “General Plan Land Use, Town of Colma, April 2008 Zoning Map”. Said map and all notations, references and other information shown thereon shall be and hereby is incorporated by reference in this ordinance as if fully set forth herein and as provided in Section 5.03.060.

[History: formerly § 5.310, ORD. 234, 3/14/79; ORD. 290, 8/10/83; ORD. 321, 7/10/85; ORD. 374, 9/14/88; ORD. 409, 3/14/90; ORD. 536, 7/8/1998; ORD. 557, 8/18/1999; ORD. 573, 4/12/00, ORD. 588, 8/15/2001; ORD 609, 12/10/03; ORD. 610, 1/14/04; ORD. 627, 4/13/05; ORD. 638, 12/14/05; ORD. 668, 5/14/08; ORD. 818, 2/14/24]

Where uncertainty exists as to the boundaries of any zone shown on said "Zoning Map", the following rules shall apply:

(a) Where such boundary is indicated as approximately following a street or alley line, such street or alley line shall be deemed to be such boundary.

(b) Where such boundary is indicated as approximately following a lot line, such lot shall be deemed to be such boundary.

(c) Where uncertainty exists, the City Council shall, by written declaration, determine the location of the zone boundary.

[History: ORD. 818, 2/14/24]

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Table 1: Residential Zone Development Standards

Standard R - R-S Mixed-Use and Multifamily Residential Sterling Park Residential Neighborhood Front Setback 15 15’ property line to See 5.03.082 (feet) front face of dwelling, 19’ from front property line to front face of garage. At least 60% of front setback area must be devoted to landscaping. Rear Setback 25% total area of lot, 25’ for two story, 15’ See 5.03.082 (feet) not exceed 25’ or 15’ for one story (see 5.03.082(3)) Side Setback 10% width of lot or 10% width of lot or See 5.03.082 (feet) 10’, whichever is less 10’, whichever is less Minimum 33.33’ 33.33’ - Average Width (feet) Minimum 100’ 100’ - Depth (feet) Maximum 36’ 27’ - Structure Height (feet) Minimum 20’ 20’ - Structure Width (feet) Maximum 13 du/ac - - units/acre Total Floor - - - Area Parking See Section 5.03.232 See Section 5.03.232 See Section 5.03.232 and Parking Standards and Parking Standards and Parking Standards Table 4 Table 4 Table 4

March 2026 Page 10 of 170

Table 2: Non-Residential Zone Development Standards

Standard C - P - E - PD- Commercial Public Executive Planned Development Front Setback 5’ See section 5’ mínimum See section (feet) 5.03.163 5.03.187 20’ (Commercial 30’ El Camino Center) Real Rear Setback 5’ See section 5’ minimum See section (feet) 5.03.163 5.03.187 20’ (Commercial Center) Side Setback 5’ See section 5’ minimum See section (feet) 5.03.163 5.03.187 20’ (Commercial Center) Minimum 33.33’ See section 33.33’ See section Average Width 5.03.163 5.03.187 (feet) Minimum 100’ See section 100’ See section Depth (feet) 5.03.163 5.03.187 Building Lot 50’ See section 50’ See section Coverage 5.03.163 5.03.187 (maximum %)

Maximum 40’ See section 36’ See section Structure 42’ (Mission 5.03.163 5.03.187 Height (feet) Rd.) Minimum - See section - See section Structure 5.03.163 5.03.187 Width (feet) Lot Coverage 50% or less - 50% or less See section

Space minimum for each dwelling unit Parking See Parking See Parking See Parking See Parking Standards Table Standards Table Standards Table Standards Table 4 4 4 4

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Table 3: Land Use Table – Permitted and Conditional Uses

"P"= Permitted Use "C"= Conditional Permitted Use "A"= Administratively Permitted "-" = Not Permitted "*" = Non-conforming use "#" = Legal Non-conforming use ZONES LAND USES G R R-S C P E PD Accessory building - P P P - - P

Accessory building less than 120 square - P P - - - - feet in projected roof area and less than six feet in height Accessory building that exceeds 120 - A A - - - - square feet in area or is greater than six feet tall Accessory or Junior Accessory Dwelling - P P P - - - Unit Administrative offices - - - - - - C Agriculture or flower growing C - - - - P - greenhouses or shade structures Agriculture, which is primarily open field P - - - - - - Cemetery corporation yard C - - - - - - Cemetery or memorial park P - - - - P - Churches - - - - - - - Commercial and Light Industrial Uses - - - - - - - Commercial center - - - C - - - Commercial establishment - - - C - - - Communication structures C - - C - - - Community park and public buildings - - P - - - - Crematorium C - - - - - - Customarily Incident to a cemetery or C - - - - memorial park use Emergency Shelter - - - P - - - Existing multiple residence buildings - - * - - - - Expansions to existing units - - - - - - - Firewood yard C - - - - - -

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Table 3: Land Use Table – Permitted and Conditional Uses

"P"= Permitted Use "C"= Conditional Permitted Use "A"= Administratively Permitted "-" = Not Permitted "*" = Non-conforming use "#" = Legal Non-conforming use ZONES LAND USES G R R-S C P E PD Floriculture or agriculture C - - - - P - Flower Shop C - - - - C - Golf Course P - - - - - - Golf Driving Range P - - - - - - Home occupation - C C - - - - Home Office or Cottage Food Operation - P P - - - -

Landscape contractors yard C - - - - - - Legal second units - - # - - - - Light industrial establishment - - - C - - - Low-Barrier Navigation Centers P P P Manufactured home - P P - - - - Medical Service Offices - - - - - C - Monument Shop C - - - - C - Multiple dwelling up to six units - P - - P - - Multiple housing developments - - - - - - C Municipal supported senior housing - - - - P - - Neighborhood and community centers - - - - - - C New second units - - - - - - - Nurseries C - - - - C - Off-site vehicle storage of automobile C - - - - - - dealership inventory Other facilities - - * - - - - Other uses - - - C - C - Professional Business Offices - - - - - C C Public buildings and parks - - - P - Residential planned development - C - C - - -

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Table 3: Land Use Table – Permitted and Conditional Uses

"P"= Permitted Use "C"= Conditional Permitted Use "A"= Administratively Permitted "-" = Not Permitted "*" = Non-conforming use "#" = Legal Non-conforming use ZONES LAND USES G R R-S C P E PD Restaurants - - - - - C - Retail Merchandising Unit - - - C - - - Retail Space to a restaurant or bar C - Schools - - - - - - - Single family dwelling - P P C - - C Single-Room Occupancy Housing - - P P - - -

Small and large family day care homes - P P - - - -

Supportive housing - P P C - - - Transitional housing - P P C - - - Use customarily incident to a cemetery C - - - - - - or memorial park use Use customarily incident to a golf course C - - - - - -

Use customarily incident to agriculture C - - - - - - use Warehouses - - * - - - - Warehouse or light industrial space to C - auto repair, office, or where hazardous material use requires review by San Mateo County Environmental Health Department Existing commercial building or occupy - - - A - - - tenant space within an existing commercial building, within same Building Code occupancy classification of existing building, does not require building modifications, will not exceed the available on-site parking

Wireless Communications Facility C - - - C - -

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[History: formerly § 5.311; ORD. 234, 3/14/79; ORD. 638, 12/14/05; ORD. 818, 2/14/24]

I. "G"- Golf and Cemetery Zone

The regulations herein are applicable to properties zoned Golf and Cemetery and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

(a) The following uses are generally permitted on land located within the "G" Zone:

(1) A cemetery or memorial park;

(2) Agriculture, which is primarily open field;

(3) A golf course;

(4) A golf driving range.

(b) The following uses may be permitted by the City Council on land located in the "G" Zone upon issuance of a use permit in accordance with the procedures hereinafter set forth:

(1) Any use which now or hereafter may be customarily incident to a cemetery or
memorial park use, including flower shops, monument shops, crematoriums, and
cemetery corporation yards;

(2) Any use which now or hereafter may be customarily incident to agriculture
use, including nurseries, agriculture or flower growing utilizing greenhouses or shade
structures, firewood yard, or landscape contractors yard;

(3) Any use which now or hereafter may be customarily incident to a golf course,
including clubhouse, sale of golf balls, golf shoes and clothing or golf clubs and
equipment, lunch counter, conduct of "pro shop", practice range, practice green, and
driving range.

(4) Wireless Communications Facilities, as regulated in Subchapter 5.17;

(5) Off-site vehicle storage of automobile dealership inventory.

(c) The following uses may be exempted from review by the City Council on land located in the “G” Zone upon administrative review and approval:

(1) A retail flower use within cemetery grounds incidental to the “G” Zone;

(2) A structure no greater than 120 square feet in size that is not visible from the
public right-of-way.

(3) A retail flower use within cemetery grounds incidental to the “G” Zone.

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(4) Any other uses or structures incidental to cemetery use.

[History: formerly § 5.312; ORD. 234, 3/14/79; ORD. 325, 11/13/85; ORD. 480, 5/10/95; ORD. 520, 12/10/97; ORD. 638, 12/14/05; ORD. 728, 10/9/13; ORD. 770, 3/22/17; ORD. 772, 7/26/17]

Any proposed development in the “G” Zone shall comply with the standards in the Design Review (DR) Overlay District as contained in Section 5.03.152 in addition to the following requirements:

(a) No commercial or business use of any kind shall be conducted in the "G" Zone, except such uses which are normally considered incidental to or accessory to a cemetery or memorial park, agriculture, golf course, or off-site vehicle storage of automobile dealership inventory.

(b) As to any golf course use, the following restrictions shall apply:

(1) Enclosed sanitary facilities shall be provided, with not less than three toilets
for men and three toilets for women at each golf course;

(2) Paved parking area shall be provided for 200 automobiles or more, which area
shall be located within 100 feet of the clubhouse. A paved two-lane access road shall
connect the parking area and public street or road;

(3) No more than one sign advertising a golf course may be maintained or
erected.

(c) No building, other than a building used for cemetery purposes, shall exceed a height of thirty-six (36) feet in the "G" Zone.

(d) Buffering Regulations. A crematorium shall be located such that the retort vents are no closer than 650 feet to the nearest residence and shall be sited, using topography and landscaping, so that the retort vents and delivery entrance cannot be seen from any public right-of-way. If the building can be seen from any public right-of-way, crematoriums shall be incorporated into the design of buildings such as chapels and mausoleums so that the cremation aspect is not apparent. Any crematorium existing prior to the effective date of this ordinance may be maintained and its equipment upgraded provided no retorts are added and the proposed work does not result in greater visibility, from any public right-of-way, of the existing retort vent(s) and delivery entrance.

(e) As to any off-site vehicle storage of automobile dealership inventory, the following restrictions shall apply:

(1) The vehicle inventory proposed to be stored shall be limited to vehicles less
than 5 years old and in operable condition;

(2) The location is not in active cemetery use;

(3) The area proposed for vehicle storage shall not be readily visible from any
public street in the Town of Colma, either due to existing physical barriers or through
screening proposed to be installed;

March 2026 Page 16 of 170

(4) The vehicle storage site shall maintain, and shall not impair, full emergency vehicle access to the site and surrounding areas;

(5) The area proposed for vehicle storage shall be paved or improved with a
minimum three inch gravel surface;

(6) Off-loading of vehicles from vehicle carriers shall not occur at the vehicle
storage site and may only occur where vehicles are normally delivered to the auto
dealership;

(7) The vehicle storage site shall prepare and implement a security plan; and

(8) The proposed off-site vehicle storage shall not generate significant traffic
impacts.

(f) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise-sensitive land uses.

(g) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(h) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

[History: formerly § 5.330, ORD. 234, 3/14/79; ORD. 5/10/95; ORD. 325, 11/13/85; ORD. 520, 12/10/97; ORD. 638, 12/14/05; ORD. 728, 10/9/13; ORD. 772, 7/26/17]

March 2026 Page 17 of 170

March 2026 Page 18 of 170

II. “R"- Residential Zone

The regulations herein are applicable to properties zoned Residential and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

[History: ORD. 818, 2/14/24]

(a) The following uses are permitted on land located within the "R" Zone:

(1) A single-family dwelling;

(2) A manufactured home;

(3) A "small family day care home", as defined in the Health and Safety Code
providing family day care to six or fewer children;

(4) A multiple dwelling up to six units, provided that the proposed residential
density does not exceed that specified in the Colma General Plan;

(5) Accessory dwelling units as permitted in Section 5.03.100;

(6) Group homes for six (6) or fewer, and seven (7) or more residents;

(7) Low-Barrier Navigation Center;

Supportive housing where multifamily and mixed uses are permitted, including
nonresidential zones permitting multifamily uses per Government Code 65651 if
proposed supportive development meets all the requirements of Government Code
65651;

(8) Transitional housing;

(9) A Home Office or Cottage Food Operation, provided that a Zoning Clearance
has been issued in accordance with sections 5.03.355 or 5.03.356, and remains in
effect for the property;

(10) A Single Room Occupancy (SRO); and

(11) Agricultural employee housing for six (6) or fewer persons subject to the same
regulations as a single-family dwelling.

(b) The following uses may be permitted in the "R" Zone upon issuance of a use permit in accordance with the procedures hereinafter set forth:

(1) Residential Planned Development on land identified in the Colma General Plan
as suitable for residential uses, provided the proposed residential density does not
exceed that specified in the Colma General Plan;

March 2026 Page 19 of 170

(2) A home occupation, as described in section 5.03.351 of this Code; and

(3) A “large family day care home,” as defined, and pursuant to the procedures
and standards set forth in Section 5.03.111 below.

(c) Accessory buildings may be permitted in the “R” Zone as follows:

(1) An accessory building less than 120 square feet in projected roof area and
less than six feet in height is generally permitted on residential lots in the “R” Zone
and is not subject to setback requirements provided that such accessory building
meets each of the following requirements: (A) the accessory building is not placed
between any section of the front wall or foundation of the residence and the front
property line, and (B) the aggregate floor area of all such accessory buildings on a
single residential parcel does not exceed 120 square feet;

(2) An accessory building not meeting the requirements of the preceding
paragraph may be administratively permitted by the Zoning Administrator in
accordance with the procedures set forth in Section 5.03.290 of this Code provided
that the Planner makes the findings for a use permit set forth in section 5.03.255 of
this Code and, that the accessory building meets each of the following requirements:
(A) each accessory building that exceeds 120 square feet in area or is greater than
six feet tall must comply with the setback requirements applicable to buildings in the
“R” Zone; (B) the aggregate floor area of all accessory buildings on the lot may not
exceed 25% of the rear yard; and (C) the accessory building meets each of the
following design requirements: (i) the accessory building shall conform to each
restriction set forth in section 5.03.300 for the dwelling unit on the parcel; (ii) the
design of and materials used for that accessory building shall be consistent with the
design of and materials used in the dwelling unit on the lot; and (iii) the accessory
building shall be sited to protect the privacy and quiet enjoyment of neighboring
properties and shall minimize impacts of noise, light, glare, and traffic on neighboring
properties.

(d) Wireless Communications Facilities, except those permitted pursuant to Section 5.17.010 or Section 5.17.120, are prohibited in the “R” Zone.

[History: formerly § 5.313, ORD. 234, 3/14/79; ORD. 346, 3/11/87; ORD. 442, 10/14/92; ORD. 425, 7/10/91; ORD. 600 6/11/03; ORD.617, 6/16/04; ORD. 638, 12/14/05; ORD. 685,1/13/10; ORD. 706, 3/14/12; ORD. 724, 6/12/13; ORD. 728, 10/9/13; ORD. 770, 3/22/17]

Authorities: Gov’t Code §§ 51035, 65850, 65589.5]

The following regulations shall apply with respect to each lot zoned Residential.

(a) All land within the “R” Zone, shall be subject to the following density requirements:

(1) Low density residential is permitted up to thirteen (13) dwelling units per acre.

(2) Medium density residential is permitted from thirteen (13) to thirty (30) units
per acre.

March 2026 Page 20 of 170

(b) All land within the "R" Zone, except as provided in subparagraph (5) below, shall be subject to the following area requirements:

(1) The front yard shall have a depth of not less than fifteen (15) feet from
property line to front line of the building;

(2) The side yard shall be not less than 10 per cent of the width of the lot or 10
feet, whichever is the lesser;

(3) The rear yard shall be not less than 25 per cent of the total area of the lot,
but such rear yard need not exceed 25 feet; save and except any "R" Zone located in
that portion of Colma bounded by F Street, Hillside Boulevard, El Camino Real, and
the northern boundary of the Town of Colma, in which area the rear yard shall have
a depth of not less than 15 feet from property line to rear line of the building with
respect to the first story of the building, and a depth of not less than 25 feet from
property line to the rear line of any portion of the building above the first story. The
one-story portion of a building which extends less than 25 feet from the rear property
line shall have a pitched roof, and the space above the roof shall not be used for a
roof deck, balcony or other similar purpose.

(4) Every lot shall have a minimum average width of 33-1/3 feet and a depth of
not less than 100 feet.

(5) Notwithstanding the setback requirements of subparagraphs (1), (2), and (3)
above, the distance between the vehicle entry of any covered parking structure to the
property line shall be not less than 19 feet.

(6) Notwithstanding the area requirements of subparagraphs (1), (2), (3) and (4)
above, the City Council may waive one or more of the area requirements upon finding
all of the following:

(i) That there be two or more dwellings constructed prior to January 1,
1990 on a single parcel without common walls;

(ii) That it would be beneficial to the neighborhood to have each dwelling
on a separate parcel;

(iii) That the parcel cannot be reasonably divided and still meet all of the
foregoing area requirements; and

(iv) That the waiver will not tend to increase the density of use.

(c) The minimum number of off-street parking spaces as defined in section 5.30.232, Parking Standards, of this Code and as follows:

(1) Additions and Remodeling of Residential Structures. Residential structures existing prior to March 1, 1988, or for which a use permit was issued prior to March 1, 1988, complying with previous law which required only 1 covered parking space for a single-family dwelling or for a multiple dwelling unit having 0 or 1 bedrooms, and 1.5 covered parking spaces for each multiple dwelling unit having 2 or more bedrooms, shall not be required to provide additional parking in compliance with the standards of Section (1) above because of repair, restoration, additions, or

March 2026 Page 21 of 170

remodeling of such units except as follows:

(i) If additional bedrooms are added to such existing dwelling units,
additional parking must be added at the rate of one-half (½) space per
bedroom for each bedroom exceeding the total, existing and added, of 4
bedrooms. The additional parking required may be uncovered.

(ii) Additional units may be added to an existing structure provided off-
street parking is added to meet the minimum standards for the new unit.

(2) Tandem parking is permitted provided tandem spaces are solely for the use
of an individual unit. Tandem parking is not permitted where such spaces are required
for two or more separate units.

(3) A bedroom for the purposes of these requirements is a room used as a
bedroom or designed to be used as a bedroom. In the event of a dispute as to whether
or not a room is a bedroom, determination shall be made by the City Planner based
on the foregoing standard.

(4) If the total number of parking spaces required includes a fraction, the
requirement shall be the next full number. For example, if the requirement is 4.5
spaces, 5 spaces shall be required.

(5) For all single-family residential units constructed, replaced or to which a
second story is added after October 8, 2003, the covered parking spaces required by
section 5.03.232 must be enclosed by walls and a lockable vehicle entry door, and
must meet the following minimum dimensions, excluding areas designed or used for
stairs, utility closets, and major appliances:

(i) Eleven feet (11’) wide and twenty feet (20’) long, where one covered
parking space is required;

(ii) Twenty feet (20’) wide and twenty feet (20’) long, where two covered
parking spaces is required.

(6) Pursuant to AB 2097, Government Code Section 65863.2, there is no minimum
automobile parking requirement on a residential, commercial, or other development
project if the project is located within one-half mile of high quality public transit.
However, a development of 19 dwelling units or fewer may impose parking
requirements per Table 4 – Parking Standards, Section 5.03.232.

(d) No building may exceed a height of thirty-six (36’) feet in the “R” zone.

(e) All buildings must be constructed to the specifications of the Colma Building Code, or with respect to a Manufactured Home, in conformance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 and following).

(f) A single-family dwelling unit shall be subject to the following requirements:

(1) The building shall be not less than 20 feet wide, as measured by the narrowest
elevation;

March 2026 Page 22 of 170

(2) The siding shall not be highly reflective;

(3) The finished roofing material shall not be highly reflective except for the
employment of solar energy devices;

(4) Exterior covering material shall extend to finish grade; except that, when a
solid concrete or masonry perimeter foundation is used, the exterior covering material
need not extend below the top of the foundation;

(5) The roof pitch shall not be less than a two inch vertical rise for each twelve
inches of horizontal run, unless, upon application, the Zoning Administrator finds that
a flatter roof style would be compatible with the surrounding neighborhood;

(6) There shall be a roof overhang of at least 12 inches around the entire
perimeter of the manufactured home as measured from the vertical side of the home,
except that the Zoning Administrator may waive this requirement (A) at the point of
connection where an accessory structure is attached to the manufactured home, or
(B) upon finding that a lesser overhang would be compatible with the surrounding
neighborhood;

(7) All mechanical and electrical equipment shall be screened so that the
equipment is not visible from the public right-of-way. For roof and wall-mounted
equipment, the screening shall be an integral part of the building design. They shall
not use screening material which is highly reflective or incompatible with siding
material.

(g) A manufactured home shall be subject to each requirement set forth in the preceding subsection. A manufactured home shall also be subject to the following, additional requirements:

(1) A manufactured home shall not be more than 10 years old on the date of the
application for the issuance of a permit to install the structure. The date of
manufacture shall be utilized to assess the structure’s age;

(2) A manufactured home shall be installed on a foundation system, pursuant to
Section 18551 of the Health and Safety Code, and;

(h) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(i) A multiple family residence shall be subject to the following requirement:

(1) 100 square feet of private open space for each dwelling unit for use by
residents of the project, such as courtyards, private balconies, and rooftop patios.

(j) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise-sensitive land uses.

(k) Noise Controls. Require an acoustical study to identify inappropriate noise levels

March 2026 Page 23 of 170

where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(l) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(m) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(n) Green Infrastructure. Incorporate green infrastructure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flow-through planters and bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

(o) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate Storm Water Runoff. Require large- scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate groundwater recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(p) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(q) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed habitat with native and/or non-invasive, naturalized species.

(r) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(s) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(t) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

[History: formerly § 5.331, ORD. 234, 3/14/79; ORD. 298, 6/13/84; ORD. 280, 1/12/83; ORD. 304, 10/10/84; ORD. 309, 2/13/85; ORD. 319, 5/8/85; ORD. 367, 4/13/88; ORD. 404, 11/08/89; ORD. 463, 11/10/93; ORD. 480, 5/10/95; ORD. 600, 6/25/03; ORD. 608, 12/10/03; ORD. 638, 12/14/05; ORD. 720, 5/8/13; ORD. 728,

March 2026 Page 24 of 170

10/9/13; ORD. 738, 1/14/15]

March 2026 Page 25 of 170

III. “R-S” – Sterling Park Neighborhood Residential Zone

The regulations herein are applicable to properties zoned Sterling Park Neighborhood Residential and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

[History: ORD. 818, 2/14/24]

(a) The following uses are permitted on land located within the “R-S” Zone:

(1) Single-family dwelling;

(2) A manufactured home;

(3) A “small family day care home” as defined in the Health and Safety Code
providing family day care to six or fewer children;

(4) Group homes for six (6) or fewer, and seven (7) or more residents;

(5) Community parks and public buildings;

(6) Single-room occupancy housing;

(7) Supportive housing;

(8) Transitional housing;

(9) An accessory dwelling unit within the existing single-family residential
structure as permitted in Section 5.03.100;

(10) A Home Office or Cottage Food Operation, provided that a Zoning Clearance
has been issued in accordance with sections 5.03.354 and remains in effect for the
property; and

(11) Agricultural employee housing for six (6) or fewer persons subject to the same
regulations as a single-family dwelling.

(b) The following uses may be permitted in the “R-S” Zone upon issuance of a Conditional Use Permit and provided they comply with standards hereinafter set forth:

(1) A home occupation, as described in section 5.03.355 of this Code;

(2) A “large family day care home” as defined, and pursuant to the procedures
and standards set forth in Sections 5.03.030 and 5.03.111 below.

(c) Existing multiple residence buildings, warehouses and other facilities not specifically listed in subparagraphs (a) and (b) above, shall be considered non-conforming uses. If warehouses or buildings housing commercial or light industrial uses are destroyed or

March 2026 Page 26 of 170

damaged in excess of fifty percent (50%) of their market value they may only be replaced with conforming uses. If multiple residential buildings are destroyed or damaged beyond fifty percent (50%) of their market value they may be replaced with an equal number of legal units provided parking and other development standards comply with the standards set forth in this District.

(d) Legal second units, existing in conjunction with a principal residence on August 19, 1998, shall be considered legal, non-conforming uses. New second units or expansions to existing units are prohibited.

(e) Accessory buildings may be permitted in the “R” Zone in accordance with section 5.03.300, Accessory Buildings, of this Code.

(f) The following uses are specifically prohibited in the “R-S” Zone:

(1) Wireless Communications Facilities, as regulated in Subchapter 5.17, except
those permitted pursuant to Section 5.17.010 or Section 5.17.120.

(2) Churches

(3) Schools

(4) Commercial and Light Industrial uses

[History: formerly § 5.313.1, ORD. 536, 7/8/98, ORD. 617, 6/16/04; ORD. 638,
12/14/05; ORD. 685, 1/13/10; ORD. 706, 3/14/12; ORD. 724, 6/12/13; ORD. 728,
10/9/13]

[Authorities: Gov’t Code §§ 51035, 65850, 65589.5]

(a) The following regulations shall apply with respect to each lot in the “R-S” Zone. All land within the “R-S” Zone shall be subject to the following development standards:

(1) Front yards must have a depth of not less than fifteen (15) feet from the front
property line to the front face of the dwelling, nor less than nineteen (19) feet from
the front property line to the front face of the garage. Corner lots shall be considered
to a front yard bordering each street.

(2) Side yards must not be less than ten percent (10%) of the lot width or ten
feet (10'), whichever is less. No mechanical equipment, chimneys or above-ground
stairs may project into required side yards. Stairs at grade and ground level decks are
excepted.

(3) Rear yards must not be less than twenty-five feet (25') from the rear property
line to any two story portion of the dwelling nor less than fifteen feet (15') to any one
story portion of the dwelling. Any one story portion of a dwelling which extends less
than twenty-five feet (25') from the rear property line must have a pitched roof, and
the space above the roof must not be used for a roof deck, balcony or other similar
purpose.

March 2026 Page 27 of 170

(4) Every lot must have a minimum average width of 33.33 feet and a minimum average depth of not less than 100 feet.

(5) Notwithstanding the requirements of subparagraphs (1), (2), (3) and (4)
above, the City Council may waive one or more of the area requirements upon finding
all of the following:

(i) That there are two or more dwellings constructed prior to January 1,
1990 on a single parcel without common walls;

(ii) That it would be beneficial to the neighborhood to have each dwelling
on a single parcel;

(iii) That the parcel cannot be reasonably divided and still meet all of the
foregoing requirements; and

(iv) That the waiver will not tend to increase the density of use.

(b) The minimum number of off-street parking spaces, as defined in Section 5.03.232 and shall be as hereinafter set forth:

(1) For all units constructed or replaced after March 1, 1988, off-street parking
must be provided as set forth in the Parking Standards Table in Section 5.03.232:

(2) For all residential structures existing prior to March 1, 1988, or for which a
Use Permit was issued prior to March 1, 1988, complying with previous law which
required only one (1) covered space for a single family dwelling or for a multiple
dwelling having no more than one bedroom, and 1.5 covered parking spaces for each
multiple dwelling having two (2) or more bedrooms, owners are not required to
provide additional parking because of repair, restoration, remodeling or additions to
such units except as follows:

(i) If additional bedrooms are added to an existing single family dwelling
the number of off-street parking spaces must be increased by 0.5 covered or
uncovered spaces for each bedroom exceeding the total, existing and added,
of four (4) bedrooms.

(3) Tandem parking is not permitted for new single family detached dwellings;
tandem parking is only permitted for dwellings where tandem parking existed prior to
the effective date of this ordinance.

(4) A bedroom for purposes of these requirements is a room used as a bedroom
or designed to be used as a bedroom. In the event of a dispute as to whether or not
a room is a bedroom, determination shall be made by the City Planner based on the
foregoing standard.

(5) If the total number of parking spaces required includes a fraction, the
requirements shall be the next full number.

(6) For all single-family residential units constructed, replaced or to which a
second story is added after October 8, 2003, the covered parking spaces required by
section 5.03.232 must be enclosed by walls and a lockable vehicle entry door, and

March 2026 Page 28 of 170

must meet the following minimum dimensions, excluding areas designed or used for stairs, utility closets, and major appliances:

(i) Eleven feet (11’) wide and twenty feet (20’) long, where one covered parking
space is required;

(ii) Twenty feet (20’) wide and twenty feet (20’) long, where two covered parking
spaces is required.

(7) Pursuant to AB 2097, Government Code Section 65863.2, there is no minimum
automobile parking requirement on a residential, commercial, or other development
project if the project is located within one-half mile of high quality public transit.
However, a development of 19 dwelling units or fewer may impose parking
requirements per Table 4 – Parking Standards, Section 5.03.232.

(c) No buildings may exceed a height of twenty-seven feet (27’) measured from the finished grade at the perimeter of the building to the highest point of the roof line.

(d) All buildings must be built to the specifications of the Colma Building Code or, with respect to a Manufactured Home, in conformance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 and following).

(e) All residential buildings must comply with the following design standards:

(1) The building shall be not less than 20 feet wide, as measured by the narrowest
elevation;

(2) The siding shall not be highly reflective;

(3) The finished roofing material shall not be highly reflective except for the
employment of solar energy devices;

(4) Exterior covering material shall extend to finish grade; except that, when a
solid concrete or masonry perimeter foundation is used, the exterior covering material
need not extend below the top of the foundation;

(5) Buildings must be designed to feature a one-story front facade at the front
yard setback;

(6) Any existing second unit must be clearly subordinate to the principal unit and
must not have its front door facing the street;

(7) Exterior building walls must be well articulated with windows, doors,
balconies, bays, exposed beams, overhangs and similar features; trim and moldings
must be utilized to accentuate rooflines and wall openings;

(8) All roofs must have a pitch not less than two inch vertical rise for each twelve
inches of horizontal run. This shall not apply to existing buildings where the roof is
not being remodeled;

(9) All mechanical and electrical equipment must be located so as not to be visible
from the public right-of-way;

March 2026 Page 29 of 170

(10) At least sixty percent (60%) of the front setback area must be devoted to landscaping; front yard areas, other than driveway aprons, must not be used for storage of motor vehicles;

(11) There shall be a roof overhang of at least 12 inches around the entire
perimeter of the manufactured home as measured from the vertical side of the home,
except that the Zoning Administrator may waive this requirement (A) at the point of
connection where an accessory structure is attached to the manufactured home, or
(B) upon finding that a lesser overhang would be compatible with the surrounding
neighborhood;

(12) Trash receptacles must be stored so they are not visible from the public right-
of- way; and

(13) Front yard areas must never be used for storage.

(f) A manufactured home shall be subject to each requirement set forth in the preceding subsection except for the requirements numbered. A manufactured home shall also be subject to the following, additional requirements:

(1) A manufactured home shall not be more than 10 years old on the date of the
application for the issuance of a permit to install the structure. The date of
manufacture shall be utilized to assess the structure’s age; and

(2) A manufactured home shall be installed on a foundation system, pursuant to
Section 18551 of the Health and Safety Code.

(g) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(h) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise-sensitive land uses.

(i) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(j) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(k) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(l) Green Infrastructure. Incorporate green infrastructure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flow-through planters and

March 2026 Page 30 of 170

bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

(m) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate groundwater recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(n) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(o) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed habitat with native and/or non-invasive, naturalized species.

(p) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(q) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(r) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

[History: formerly § 5.331.1, ORD. 304, 10/10/84; ORD. 536, 7/8/98; ORD. 608, 12/10/03; ORD. 638, 12/14/05; ORD. 720, 5/8/13; ORD. 738, 1/14/15]

March 2026 Page 31 of 170

March 2026 Page 32 of 170

March 2026 Page 33 of 170

CHAPTER FIVE: ZONING

Subchapter 5.03: Zoning Ordinance

IV. Accessory Dwelling Units and Junior Accessory Dwelling Units

The purpose and intent of this Chapter are as follows:

(a) Purpose. The purpose of this chapter is to establish the regulations and procedures for the review of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), in conformance with the California Government Code (Gov. Code) Title 7, Division 1, Chapter 13, Accessory Dwelling Units.

[History: Urgency ORD. 813, 12/14/22; ORD. 818, 2/14/24; ORD. 2026-829, 1/28/26]

As used in this chapter, the following definitions shall apply:

“Accessorydwellingunit” or “ADU” means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent living, sleeping, eating, cooking, and sanitation provisions on the same parcel where the single- family or multifamily dwelling is or will be situated. An ADU also includes the following:

3. An efficiency unit.

4. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

“ConversionADUs” for single-family properties mean ADUs created from the existing space within a proposed or existing primary home or the existing space of an accessory structure. For multi-family properties, conversion ADUs are created from non-livable portions of an existing structure (spaces not used for living, sleeping, eating, cooking, or sanitation).

“DetachedADUs”means newly constructed ADUs located on the same property as an existing or proposed single-family or multi-family residence, fully detached from the primary residence.

“Efficiencyunit” has the same meaning as that defined in Section 17958.1 of the Health and Safety Code.

“EfficiencyKitchen”means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of reasonable size in

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relation to the size of the JADU.

“Impact Fee” has the same meaning as the term “fee,” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact Fee” does not include any connection fee or capacity charge by a local agency, special district, or water corporation.

“JuniorAccessoryDwellingUnit”or “JADU”means a residential unit that is no more than 500 square feet of interior livable space in size and contained entirely within an existing single- family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

“Livablespace”means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

“Livingarea” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

“Nonconformingzoningcondition”means a physical improvement on a property that does not conform with current zoning standards.

“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

“Permitting Agency” means any entity involved in reviewing a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

“Tandemparking”means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(a) No ADU or JADU may be created without a building permit in compliance with the standards set forth in this chapter.

(b) The provisions included in this chapter are applicable to all lots that (1) are zoned to allow single-family or multifamily residential uses and (2) include a proposed or existing dwelling unit (Gov. Code, § 66313, subd. (a)). No more than two units (including ADUs and JADUs) on a parcel created through a Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) lot split shall be allowed (Gov. Code, § 66411.7, subd. (j)(1)).

(c) Applications to create an ADU or JADU in accordance with this chapter will be considered and approved ministerially, without discretionary review or public hearing.

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An ADU or JADU that conforms to the requirements in this Chapter shall:

(a) Not be deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

(b) Be deemed consistent with the existing General Plan designation and zoning for the lot.

(c) Not to be considered when applying any local ordinance, policy, or program to limit residential growth.

(d) Not be required to correct a nonconforming zoning condition, as defined in Section

building standards in accordance with Health and Safety Code section 17980.12.

(a) Determination of Completeness.

1. Determination in 15 days. The Town will determine whether an application to
create or serve an ADU or JADU is complete and will provide written notice of the
determination to the applicant within 15 business days of the Town's receipt of the
application submittal.

2. Incomplete items. If the Town’s determination under Section 5.03.104(a)
above is that the application is incomplete, the Town’s notice must list the incomplete
items and describe how the application can be made complete.

3. Cure. After receiving a notice that the application is incomplete, the applicant
may cure and address the items that were deemed by the Town to be incomplete.

4. Subsequent submittals. If the applicant submits additional information to
address incomplete items, within 15 business days of the subsequent submittal, the
Town will determine in writing whether the additional information remedies all the
incomplete items that the Town identified in its original notice. The Town may not
require the application to include an item that was not included in the original notice.

5. Deemed complete. If the Town does not make a timely determination as
required by this subsection (a), the application or resubmitted application is deemed
complete for the purposes of subsection (b) below.

6. Appeal of incompleteness. An applicant may appeal the Town’s determination
that the application is incomplete by submitting a written appeal to the City Clerk.
The City Council will review the written appeal, affirm or reverse the completeness
determination, and provide a final written determination to the applicant within 45
business days after receipt of the appeal.

(b) Processing Time.

1. On lots with an existing single-family or multifamily dwelling, an application to

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create an ADU or JADU shall be approved or denied within 45 days of submission of a complete application, unless the applicant requests a delay, in which case the 45 days shall be tolled for the delay period.

2. The permit application to create an ADU or JADU is submitted at the same
time as a permit application to build a new single-family or multifamily dwelling on
the lot. In this case, the Town may delay processing the ADU or JADU permit
application until it has acted on the permit application for the new single-family or
multifamily dwelling, but the ADU or JADU application will still be considered
ministerially, without discretionary review or a hearing.

3. If the Town has not approved or denied a completed application for the ADU
or JADU within 45 days and neither of the above exceptions is met, the application
shall be deemed approved.

4. Applications for detached ADUs using Pre-Approved Plans under Government

   Code, section 65852.27 shall be approved or denied within 30 days from receipt of a completed application

(c) Certificate of Occupancy Timing.

1. Generally. No certificate of occupancy for an ADU or JADU may be issued
before the certificate of occupancy for the primary dwelling unit is issued.

2. Limited Exception for State-Declared Emergencies. Notwithstanding
subsection (c)(2) above, a certificate of occupancy for an ADU may be issued before
a certificate of occupancy for the primary dwelling if each of the following requirements
are met:

(i) The county is subject to a proclamation of a state of emergency made
by the California Governor on or after February 1, 2025.

(ii) The primary dwelling was substantially damaged or destroyed by an
event referenced in the Governor’s state of emergency proclamation.

(iii) The ADU has been issued construction permits and has passed all
required inspections.

(iv) The ADU is not attached to the primary dwelling.

(d) Submittal Requirements. An application for an ADU or JADU shall be submitted to the Planning Department. An ADU shall be reviewed as part of the established building permit process, and compliance with the standards of this chapter will be verified through the ministerial planning review process.

(e) Denial/Remedies. If the Town denies an application for an ADU or JADU, it will provide the applicant with a written, comprehensive set of comments within 45 days of receiving a completed application. This will include a list of defective or deficient items, and a description of how the applicant can remedy the application. When the primary dwelling is proposed concurrently as the ADU, the Town may take more than 45 days.

(f) Appeal of Denial. An applicant may appeal the Town’s denial of the application by

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submitting a written appeal to the City Clerk. The City Council will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 45 business days after receipt of the appeal.

(a) Replacement Parking. When a garage, carport, uncovered parking space, or covered parking structure is removed in conjunction with the construction or conversion of a detached or attached ADU, replacement parking is not required.

(b) Demolition Permit. A demolition permit for a detached garage to be replaced with a detached or attached ADU shall be reviewed with the application for the ADU and issued simultaneously.

(c) Availability of Utilities. All ADUs not described in paragraph (1) of subdivision (a) of Government Code section 66323(a)(1) are required to have a direct connection to public utilities, including water, electric, and sewer services.

1. The Town waiver of direct water or sewer service connection requirements
between an ADU will be considered if the applicant demonstrates that a well or septic
system (as appropriate) is adequate for the new demand, based on objective industry
standards and code requirements. ADUs that connect directly to public utilities shall
follow the requirements set forth in Section 5.03.107(a).

2. ADUs or JADUs that will connect to an on-site septic system must include in
the application a percolation test completed within the last five years or, if the
percolation test has been recertified, within the last 10 years.

(d) Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required for the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers in the existing primary dwelling.

(e) Occupancy. Owner occupancy of the property is not required for an ADU. For JADUs, owner-occupancy is required in either the remaining portion of the primary single-family dwelling or the newly created JADU, unless separate sanitation facilities are provided or the property is entirely owned by another governmental agency, land trust, or housing organization.

(f) Building Code. Building code requirements for detached dwellings shall be applied to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the Town from changing the occupancy code of a space that was uninhabitable space or that was only permitted for non-residential use and was subsequently converted for residential use in accordance with this chapter.

(a) Long-Term Rentals Only. Rental of an ADU created under this Chapter shall be for a term longer than 30 days. This provision applies regardless of when the ADU was created.

March 2026 Page 38 of 170

(b) Sale and Conveyance. If a qualified nonprofit corporation built or developed the primary home or ADU, an ADU may be sold or conveyed separately from the primary residence to a qualified buyer if all Gov. Code, § 66341 requirements are met.

(a) Utility Connection Fees or Capacity Charges. An ADU shall not be considered a new residential use to calculate connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.

1. If an ADU is constructed with a new single-family home and a separate utility
connection directly between the ADU and the utility is required under section
5.03.105(c) above, then payment of the regular connection fee and capacity charges
for a new dwelling is required.

2. A converted ADU that is exempt from a direct utility connection under section
5.03.105(c) above is not required to pay any related connection fee or capacity
charge. All other ADUs that require a direct utility connection under section
5.03.150(c) above are subject to the connection and fee requirements of the utility
provider. The connection is subject to a connection fee or capacity charge that is
proportionate to the burden created by the ADU based on either the floor area or the
number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing
Code, upon the water or sewer system. The portion of the fee or charge that is
charged by the Town may not exceed the reasonable cost of providing this service.

(b) Impact Fees. Impact fees shall not be imposed on an ADU less than 750 square feet of interior livable space in floor area. For all other ADUs, impact fees shall be charged proportionately to the square footage of the primary dwelling unit.

1. A JADU or ADU with less than 500 square feet of interior livable space does
not increase assessable space by 500 square feet for purposes of Education Code
section 17620(a)(1)(C), and is therefore not subject to school fees under Education
Code section 17620.

(c) Permit Fee Reductions. A 50 percent reduction in plan check and inspection fees shall be granted for the following:

1. ADUs using pre-approved site-built or prefabricated plans with all-electric
and/or solar-ready features.

2. ADUs deed-restricted for a minimum of 20 years to be rented at rates
affordable to very low, low, or moderate-income households, based on the San Mateo
County Area Median Income (AMI), or rented at or below the HUD-defined 30% of
gross income affordability thresholds.

(a) Generally. The Town will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU in compliance with Gov. Code section 66322, subd. (b).

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(b) Unpermitted ADUs and JADUs Constructed Before 2020. As required by state law, the Town may not deny a permit to legalize an existing but unpermitted ADU or JADU built before January 1, 2020, if the denial is based on noncompliance with applicable building standards, state ADU or JADU law, or this ADU ordinance.

1. Exceptions:

(i) The Town may deny a permit to legalize an existing but unpermitted
ADU or JADU that was constructed before January 1, 2020, if the Town
makes a finding that correcting a violation is necessary to comply with
the standards specified in Health and Safety Code section 17920.3.

(ii) Subsection (b) above does not apply to ADUs or JADUs deemed
substandard per California Health and Safety Code section 17920.3.

(a) State Standards. State-Exempt ADUs or “66323 Units” refer to ADUs and JADUs created pursuant to Government Code section 66323. This section specifies four categories of ADUs (and JADUs) that must be approved ministerially and are not subject to standards set forth in Government Code sections 66314-66322, or any local objective standards such as lot coverage, front setbacks, or design standards. The only development standards that apply to State Exempt ADUs are those provided in Government Code section 66323.

(b) Approval. An ADU will be ministerially approved if it meets the requirements
specified in Government Code section 66323, thus qualifying it as State Exempt. A JADU that
satisfies the requirements of Government Code sections 66323, which incorporate by
reference Sections 66333-66339, likewise qualifies as State Exempt and must be approved.
Tables 1 and 2 below outline those State Exempt ADU/JADU requirements that, if met,
require the ADU/JADU application to be approved.

Table 1: Standards for State Exempt ADUs (Government Code Section 66323)

ADU Standards Requirements for State Exempt ADUs

Zones Allowed • All areas designated for single-family or multi-family residential use, as specified by the “R"- Residential Zone, “R-S” - Sterling Park Neighborhood Residential Zone, and “C” - Commercial zoning districts outlined in Chapter 5.03.081, 5.03.091, and 5.03.132 of the Colma Zoning Code.

Size • New construction detached ADU (Single-Family): Up to 800 square feet.

• Conversion ADU (Single-Family): May be expanded by no more than 150
square feet to accommodate ingress and egress.

• JADU: Up to 500 square feet, must be located within an existing or proposed
single-family home (which includes an attached garage).

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Setbacks • Detached (Single-Family and Multi-family): No more than 4-foot side or rear setbacks for new construction.

• Single-Family Conversion ADU and JADU: Must be sufficient for fire and safety.

Height • Detached ADUs: Up to 18 feet

• Detached ADUs within a ½ mile walking distance from a major transit stop or high-quality transit corridor: Up to 18 feet plus 2 feet to accommodate a roof pitch

• Detached ADUs on a lot with a multi-family, multi-story dwelling: Up to 20 feet

Parking • ADUs: No parking may be required.

• JADUs: No parking may be required.

Access • Conversion ADUs and JADUs (Single Family): Exterior access must be separate from the main entrance of the single-family home.

• JADUs: If a JADU does not include a separate bathroom, it must include a separate entrance and an internal connection to the main living area of the single-family home.

Permitted Per Legal Parcel or Lot.

The units described below must meet the standards described in Government Code section 66323 (see Table 1 above).

Table 2: State Exempt ADUs Allowed by Property Type (Gov. Code Section 66323)

Property Type Number and Combination of Units Allowed

Single-family Up to three accessory units:

• One (1) Detached New Construction ADU

• One (1) Conversion ADU and One (1) JADU within the existing or proposed space
of a single-family dwelling or an existing accessory structure, that meets specified
requirements such as exterior access and setbacks for fire and safety.

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Multi-family • Detached ADU: Up to eight on properties with an existing multi-family dwelling (or up to the number of existing primary units, whichever is less); must be detached from the primary units, or up to two on properties with a proposed multi-family dwelling.

AND

• Conversion ADU: At least one, up to a number equal to 25% of the existing multi- family dwelling units in portions of the structure not used as living space; for example, passageways, storage rooms, boiler rooms, attics, basements, or garages.

*JADUs are not allowed on multi-family properties or in multi-family dwelling structures.

The following requirements in Table 3 below apply only to ADUs that do not qualify as State Exempt ADUs under Government Code section 66323.

Table 3: State Standards for ADUs (Gov. Code Sections 66314-66322)

ADU State Minimum Requirements Standards

Zones Allowed • All areas designated for single-family or multi-family residential use, as specified by the “R"- Residential Zone, “R-S” - Sterling Park Neighborhood Residential Zone, and “C” - Commercial zoning districts outlined in Chapter 5.03.081, 5.03.091, and 5.03.132 of the Colma Zoning Code.

Size • Minimum size: At least 150 square feet.

• Maximum size:

o Detached: At least 850 square feet for a studio/one-bedroom and 1,000
square feet for a two- or more-bedroom ADU.

o Attached: At least 850 square feet for a studio/one-bedroom and 1,000
square feet for a two or more-bedroom ADU. An attached ADU created on a
lot with an existing primary dwelling is further limited to 50 percent of the
floor area of the existing primary dwelling.

March 2026 Page 42 of 170

Setbacks • Side and rear: No more than 4-foot side or rear setbacks for attached or detached ADUs.

• Front setbacks: No more than 19 feet of the front property line and no more than 15 feet of a street-facing property line, but they cannot preclude the construction of an ADU of at least 800 square feet, even if the ADU would be partially or wholly within the front setback.

• Setbacks for conversions or rebuilds: No setback will be required for an ADU that is constructed in the same location and to the same dimensions as an existing structure.

Height • Attached ADUs: Up to 25 feet or the maximum allowed by the underlying zoning, whichever is lower (allows for ADUs built above attached garage). Attached ADUs may not exceed two stories.

• Detached ADUs: Up to 18 feet.

• Detached ADUs within a ½ mile walking distance from a major transit stop or high-quality transit corridor: Up to 18 feet plus 2 feet to accommodate a roof pitch (allows for two-story ADUs)

• Detached ADUs on a lot with a multi-family, multi-story dwelling: Up to 20 feet

Parking • New and Replacement Parking Spaces: None required for ADUs and JADUs

• Tandem parking and parking in setbacks are allowed. Local • FAR, lot coverage, size, front setback, or open space requirements that do not permit Standards at least an 800 square foot ADU with 4-foot side and rear setbacks may not be required.

The following objective design standards shall apply to State ADUs pursuant to Government Code Sections 66314-66322. These objective standards may not prohibit the construction of an attached or detached ADU that is no more than 800 square feet with 4-foot side and rear setbacks.

(a) Architectural Requirements.

1. The exterior walls, roof, windows, and doors of ADUs constructed entirely on-
site must be made of materials and colors that match the appearance and
architectural design of the primary dwelling.

2. The roof slope must match that of the dominant roof slope of the primary
dwelling. The dominant roof slope is the slope shared by the most sizable portion of
the roof.

March 2026 Page 43 of 170

3. The exterior lighting must be limited to down-lights unless the building or fire code requires otherwise.

   4. The ADU must have an independent exterior entrance from the primary

   dwelling. The entrance must be located on the side or rear building facade, not facing a public right-of-way.

   5. An ADU's interior horizontal dimensions must be at least 10 feet wide in every

   direction, with a minimum interior wall height of seven feet.

   6. Windows and doors of the ADU may not have a direct line of sight to an

   adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

   7. All windows and doors that are within 30 feet of a property line that is not a

   right-of-way line must either be clerestory windows, with the bottom of the glass at least six (6) feet above the finished floor, or they must use frosted or obscure glass.

(b) Landscape Requirements.

1. Landscaping shall be maintained within the 4-foot or greater side setback and
for a minimum depth of at least four (4) feet along a back fence, including
groundcover with automatic irrigation that allows fire access in the setback area.
Paving of the entire rear yard setback area is prohibited.

2. In addition to the maintenance of a fence of at least five (5) feet in height
between properties, specimen plantings or a trellis with vines shall be provided in the
setback area that provides landscaping and privacy screening of the ADU from
windows or outdoor living areas of adjoining properties.

(c) Historical Properties. ADU and JADU development on any real property listed in the California Register of Historic Resources must comply with the objective requirements of the Secretary of the Interior’s Standards for Rehabilitation and the accompanying Guidelines for Rehabilitating Historic Buildings, as applicable.

(a) Location. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be contained entirely within the walls of the primary single-family dwelling, including, but not limited to, an attached garage.

(b) Maximum Number of JADUs. When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be one (1) per lot. The JADU may be in addition to an existing or proposed detached ADU or an existing or proposed attached ADU.

(c) Floor Area. The maximum floor area shall be 500 square feet.

(d) Parking. No parking shall be required for a JADU, including replacement parking.

(e) Exterior Access. Access shall be provided to the JADU independently of the primary

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dwelling.

(f) Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.

(g) Kitchen Features. An efficiency kitchen shall be provided.

(h) Occupancy. Owner occupancy shall be required if the JADU shares sanitation facilities with the primary residence. The owner may reside in either the remaining portion of the primary single-family dwelling or the newly created JADU. Owner-occupancy shall not be required in either of the following situations:

1. The JADU has separate sanitation facilities (i.e., it does not share sanitation
facilities with the existing primary dwelling unit structure).

2. The property is entirely owned by another governmental agency, land trust,
or housing organization.

(i) Long-Term Rentals Only. Rental of a JADU created under this Chapter shall be for a term longer than 30 days. This provision applies regardless of when the JADU was created.

(j) Deed Restriction. Before the issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office, and a copy must be filed with the Planning Department. The deed restriction shall include both of the following :

1. A prohibition on the sale of the JADU separate from the sale of the single-
family dwelling, including a statement that the deed restriction may be enforced
against future purchasers.

2. A restriction on the size and attributes of the JADU that conforms with this
section.

3. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may submit a written request to the Planning Department, providing evidence that the JADU has been eliminated. The Planning Department may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Planning Department’s determination, consistent with other provisions of this Code. If the JADU is not entirely physically removed but is eliminated only by removing a necessary component of a JADU, the remaining structure and improvements must otherwise comply with the applicable provisions of this Code.

   4. The deed restriction is enforceable by the Planning Department for the

   benefit of the Town. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the Town is authorized to obtain any remedy available to it by law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

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[History: ORD. 770, 3/22/17; ORD. 801, 6/10/20; Urgency ORD. 813, 12/14/22; ORD. 818, 2/14/24; ORD. 2026-829, 1/28/26]

V. Large Family Day Care Homes

The purpose of section is to establish standards for large family day care homes.

(a) Findings. In adopting this section, the City Council hereby finds as follows:

(1) This Section establishes standards for permitting large family day care homes
within the Town of Colma in compliance with state law, recognizing the limitations on
the Town's authority to regulate these facilities.

For purposes of this Section, “state law” shall mean and refer to the California Child
Day Care Facilities Act (Health & Safety Code § 1596.70 et seq.), and the
accompanying California Code of Regulations, and a “large family day care home”
shall mean a home licensed by the State Department of Social Services or designee
pursuant to state law that provides family child care for up to 12 children, or for up
to 14 children including children under the age of 10 who reside at the home or are
the children of an assistant childcare provider, for periods of less than 24 hours a day
while the parents or guardians are away.

(2) The standards and regulations imposed by the Town in subsection (c) are
necessary to minimize the impacts of this land use on surrounding residents, as
follows:

(i) The “concentration” standards in subsection (c)(3) are implemented to
minimize traffic, parking and noise impacts on Colma residential districts which
are high density with smaller minimum lot sizes than many other California
communities. Residential densities in the region, for suburban neighborhoods
with detached single family homes, range from 4.0 units per gross acre (1/4
acre lots) to about 8.7 units per gross acre (5,000 sq. ft. lots). Colma’s small
minimum lot size, 33-1/3 x 100 feet, results in a residential density of 13.1
units per gross acre which is already a comparatively high density for a single
family neighborhood. Allowing large care family homes in close proximity with
each other would result in an extremely high density inconsistent with the
surrounding region. A minimum distance of 300 feet between homes, results
in roughly one large family day care home per 1.5 to 2 acres.

(ii) The “traffic control/parking” regulations in subsection (c)(4) are
implemented to provide adequate pick-up and drop-off areas in order to:

(1) Protect the safety of children being picked up and dropped off
for care;

(2) Ensure that vehicles reentering arterial streets do so in a
forward manner for the safety of patrons of the large family day care
home and other motorists;

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(3) Ensure that street traffic is not unduly interrupted;

(4) Minimize adverse parking impacts on residential streets that
already face limited parking; and

(5) Prevent blockage of sidewalks and neighboring driveways. Streets in Sterling Park typically measure 30 feet between the face of the curb on opposite sides of the street. Emergency vehicles must be able to gain access to all parts of the area without unnecessary delays. Regulations that allow only single-family detached residences as infill to Sterling Park will prevent overcrowded use of the streets in the area which in turn would allow unrestricted use of the streets by emergency vehicles and will promote public safety. The City Council also finds that there is high demand for available on-street parking spaces on both sides of streets in the Sterling Park neighborhood resulting in a narrowed travel way and an existing, restricted sight distance for motorists. The addition of large care family homes in close proximity to each other would generate additional motor vehicles, adding to the parking congestion problem and intensifying the existing public safety problem.

(iii) The “noise” regulations in subsection (c)(5) are implemented to
protect adjoining residential dwellings from noise impacts commonly
associated with this use.

(iv) Sterling Park is an existing, relatively high density residential
neighborhood with minimal public park and open space. Residents must rely
heavily on private yards for outdoor open space. Regulations that allow only
single-family detached residences as infill to Sterling Park will preserve the
public peace and promote public safety by preventing competition between
tenants from adjacent units over available open space on the same parcel.

(b) ProcedureforIssuanceofUsePermit/Appeal. A large family day care home may be permitted in the “R” or “R-S” Zone on any lot zoned for a single-family dwelling, upon issuance of a use permit by the City Planner in accordance with the procedures and requirements set forth below.

(1) The application for such use permit shall be on a form provided by the City
Clerk and shall be submitted to the City Planner accompanied by an application
processing fee. The use permit application shall be processed as economically as
possible and the processing fee shall, in no event, exceed the costs of the application
review and permit process. An applicant may make a written request for verification
of the application processing fees charged, and the Town shall provide a written
breakdown of fees charged within 45 days of such request.

(2) The City Planner shall issue said use permit if the City Planner determines that
the large family day care home will comply with the requirements set forth below
relating to such homes and with all other applicable state and local laws, rules and
regulations, including without limitation, fire regulations.

(3) Not less than ten (10) days prior to the date on which the City Planner will
determine whether to issue the use permit, the City Planner shall give written notice

March 2026 Page 47 of 170

of the proposed use by mail or delivery to all property owners within a 300-foot radius of the exterior boundaries of the proposed large family day care home at the addresses shown on the last equalized assessment roll. No hearing on the application shall be held prior to the City Planner’s decision unless a hearing is requested by the applicant or other affected person. If a hearing is requested, the City Council shall hold such hearing at its next regularly scheduled City Council meeting, and shall issue said use permit if it determines that the large family day care home will comply with all requirements set forth in Section (b)(2) above.

(4) The applicant or any other affected person may appeal the City Planner’s or
the City Council’s decision to the City Council within ten (10) days of that decision in
accordance with the procedures set forth in section 1.02.270 of the Colma Municipal
Code. On the appeal, the City Council shall hear the use permit application and shall
make an independent judgment to grant or deny the application. The appellant shall
pay the cost, if any, of the appeal.

(c) StandardsandRequirementsforGrantingUsePermit. In order to grant a use permit for a large family day care home, the City Planner or City Council must find that the home will comply with the standards and requirements set forth below:

(1) License. The provider of child care shall possess a current and valid Large
Family Child Care Home license from the State of California, Department of Social
Services. The Town’s Use Permit shall not become effective until such time as the
State license is obtained. If said license is suspended or revoked by the State for any
reason, the Town’s Use Permit for a Large Family Child Care Home shall immediately
be suspended or revoked to the same extent.

(2) Incidental Use. The facility is the residence of the provider and the use is
clearly incidental and secondary to the use of the property for residential purposes.

(3) Concentration: No more than one (1) Large Family Day Care Home may be established within a 300 foot radius of another such use.

(4) TrafficControl/Parking:

(i) In addition to the minimum parking requirements for single family
residences in the “ R” and “ RS” Zones set forth in Sections 5.03.080
and 5.03.090 respectively, where the large family day care home is located on
a parcel having less than 22 feet of legally permitted on-street parking along
the frontage of the parcel, or is located within a preferential parking area, the
home shall provide: (1) one additional standard parking space, as defined in
Section 5.03.232 of this Code, and one additional driveway space; or (2) two
additional standard parking spaces, that shall be available during drop-off
(6:00 a.m.-9:00 a.m.) and pick-up (4:00 p.m.-8:00 p.m.) hours to ensure that
the children are not placed at risk and street traffic is not unduly interrupted.
The required driveway parking spaces may be in tandem with the on-site
garage spaces, in compliance with Section 5.03.232 of this Code.

(ii) Any home located on an arterial street shall have adequately designed
off-street drop-off and pick-up areas, or an adequately designed off-street
turn around area to ensure that vehicles reentering the arterial street will be
able to do so in a forward manner.

March 2026 Page 48 of 170

(iii) In addition to the minimum parking requirements for single-family residences in the “ R” and “ RS” Zones set forth in Sections 5.03.080 and 5.03.090 respectively, a large family day care home shall provide one additional parking space for each employee not living at the residence. The residential driveway approach may serve as this additional parking space if the parking space will not conflict with any required child drop-off/pick-up area and does not block the public sidewalk or right-of-way.

(iv) The large family day care home operation shall not result in cars
blocking neighbors’ driveways.

(5) Noise: In order to protect adjoining residential dwellings from noise impacts,
a large family day care home within any residential zoning district may only operate
up to 14 hours each day between the hours of 6:00 a.m. and 8:00 p.m. and may only
conduct outdoor activities between the hours of 8:00 a.m. and 7:00 p.m.

(6) FireandSafetyStandards: A large family day care home shall contain a fire extinguisher and smoke detectors on every floor and shall comply with all applicable requirements of the Colma Fire Protection District and all applicable regulations of the California State Fire Marshal designed to promote the fire and life safety of the children in these homes, including without limitation, those adopted pursuant to California Health and Safety Code Section 1597.46(e) and those published in Title 24 of the California Code of Regulations.

(7) Smoking. Smoking shall be prohibited during hours of operation by any person
in all interior areas of a Large Family Day Care Home, and in all exterior areas while
children are also present in such exterior area.

(8) Signs. On-site signs shall be in compliance with Section 5.03.320, Regulating
Signs.

(9) Each home shall be inspected by the Town for compliance with the Uniform
Housing Code and any regulations adopted by the State Fire Marshal which are
applicable to large family day care homes.

(10) In making a decision on a use permit application, the City Planner or Town
may consider and specify other reasonable conditions that relate to parking,
traffic, noise and spacing and concentrations of large family child-care homes.

(d) Use of a single-family dwelling for the purposes of a Large Family Day Care Home shall not constitute a change of occupancy for purposes of State Housing Law, Section 17910, et seq., or for purposes of local building and fire codes.

(e) Large family day care homes shall be considered as single-family residences for the purposes of the State Uniform Building Standards Code and Town of Colma Building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the State Fire Marshal pursuant to the Health and Safety Code.

March 2026 Page 49 of 170

VI. Regulation of Multi-Family Uses in Single-Family Residential Zones

The purpose of this section is to preserve the residential character of neighborhoods in single- family residential zones by prohibiting the operation of boarding houses and rooming houses. This section is directed at the commercial use of property that is inconsistent with the residential character of the neighborhoods in single-family residential zones and not the identity of the users.

[History: ORD. 818, 2/14/24]

Residential Zones.

The operation of a boarding house or rooming house is prohibited in all single-family residential zones.

(a) Multi-family units.

(b) The renting of not more than two (2) rooms in a dwelling unit to individuals under separate rental agreements or leases is permitted by right as an accessory use in all residential districts, provided that:

(i) The rental of rooms is for periods of at least fourteen (14) days; and

(ii) The rooms which are rented are fully integrated within the dwelling unit such
that the rented rooms:

(a) Have interior access to the rest of the dwelling unit;

(b) Do not have separate cooking facilities; and

(c) Do not have separate street addresses assigned to such rooms(s).

(d) All requirements for off-street parking are met except for the following:

(1) Pursuant to AB 2097, if a housing development project of
twenty (20) dwelling units or more is within ½ mile of high quality
public transit, no parking is required to be provided for the project.

(2) A development of 19 dwelling units or fewer may impose
parking requirements per Parking Table 4 in Section 5.03.234.

(c) Notwithstanding anything to the contrary herein, this section does not permit a commercial use in a residential district unless such a use is specified in the regulations for the district.

(d) Violations. Violations of this ordinance are declared to be a public nuisance. Each violation is subject to the penalties set forth in Subchapter Five of Chapter One of the Colma

March 2026 Page 50 of 170

Municipal Code.

[History: formerly § 5.331.3; ORD. 628, 5/11/05; ORD. 638, 12/14/05]

VII. "C" – Commercial Zone

The regulations herein are applicable to properties zoned Commercial and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

The commercial district provides commercial uses intended to serve both neighborhood and regional uses and include commercial developments. Development in these zones may include a variety of commercial and office functions and residential uses above the first floor.

[History: ORD. 818, 2/14/24]

(a) The following uses are permitted in the “C” Zone District, provided, that all businesses, services and processed shall be conducted entirely within an enclosed structure, except for off-street parking and loading:

(1) Multi-family dwelling units up to six units;

(2) A low-barrier navigation center;

(3) An emergency shelter;

(4) An accessory dwelling pursuant to Section 5.03.100, which shall be limited to
only existing single-family residential structures existing as of May 2017 and only
where permitted by the General Plan;

(5) A Single Room Occupancy (SRO); and

(6) Supportive housing where multifamily and mixed uses are permitted, including
nonresidential zones permitting multifamily uses per Government Code 65651 if
proposed supportive development meets all the requirements of Government Code
65651.

(b) Uses allowed in the “C” Zone upon issuance of an administrative use permit.

(1) The uses allowed in the “C” Zone with the issuance of a use permit pursuant
to Section 5.03.242 may be permitted upon issuance of an administrative use permit,
instead of a use permit, if the proposed use meets all of the following criteria:

A. Will occupy an existing commercial building or occupy a tenant space
within an existing commercial building; and

March 2026 Page 51 of 170

B. Is within the same Building Code occupancy classification of the existing building; and

C. Does not require any building modifications; and

D. Will not exceed the available on-site parking.

(2) This section shall not apply to the following uses, all of which still require a
use permit pursuant to Section 5.03.242:

A. Uses which convert existing warehouse or light industrial space to
office;

B. Uses which convert existing warehouse or light industrial space to auto
repair;

C. Uses which convert retail space to a restaurant or bar; and

D. Uses which convert warehouse or light industrial space to a use where
hazardous materials use requires review by the San Mateo County
Environmental Health Department based on responses to questions on their
Hazardous Materials Notification Form.

(c) The following uses may be permitted in the “C” Zone upon issuance of a use permit in accordance with the procedures set forth:

(1) A commercial establishment (including but not limited to bank, brewery,
cardroom, mixed-office and warehouse uses, office building, restaurant, retail store,
theater, automobile sales, vehicle repair and service uses);

(2) A single-family dwelling provided the proposed residential density does not
exceed that specified in the Colma General Plan;

(3) Residential Planned development on land identified in the Colma General Plan as suitable for residential uses, provided the proposed residential density does not exceed that specified in the Colma General Plan;

(4) Supportive housing;

(5) Transitional housing;

(6) A light industrial establishment;

(7) Communications structures;

(8) Commercial center;

(9) Retail Merchandising Unit (RMU);

(10) Event;

(11) Such other uses which are found by the City Council to be of a similar nature

March 2026 Page 52 of 170

to the above described uses.

(d) Low barrier navigation centers may be permitted in the “C” Zone upon issuance of a use permit in accordance with the procedures set forth in Section IXX. Conditional Uses.

[History: formerly § 5.314; ORD. 234, 3/14/79; ORD. 309, 2/13/85; ORD. 425, 7/10/91; ORD. 506, 3/12/97; ORD. 638, 12/14/05; ORD. 720, 5/8/13; ORD. 728, 10/9/13; ORD. 737, 1/14/15; ORD. 758, 2/24/16; ORD. 770, 3/22/17]

The following regulations shall apply with respect to each lot zoned Commercial:

(a) All residential use within the "C" Zone shall be subject to the same requirements as are applicable to residential use in the "R" Zone, as set forth in section 5.03.082 above.

(1) Pursuant to AB 2097, Government Code Section 65863.2, there is no minimum
automobile parking requirement on a residential, commercial, or other development
project if the project is located within one-half mile of high quality public transit.

(2) A development of 19 dwelling units or fewer may impose parking requirements
per Table 4 – Parking Standards, Section 5.03.232.

(b) Commercial establishment uses and light industrial uses shall be subject to the following requirements:

(1) Area: Each lot shall have a minimum average width of 33-1/3 feet and a depth
of not less than 100 feet;

(2) Setbacks: The front yard shall have a depth of not less than five (5) feet from
property line to front line of the building; the side yards shall not be less than five (5)
feet wide; the rear yard shall not be less than five (5) feet deep.

(3) Not more than 50 per cent of any building site shall be covered by buildings.

(4) Parking: For each commercial or light industrial use, the user must provide
and maintain facilities for parking, loading and unloading. The minimum number of
off- street parking spaces (as defined in section 5.03.232) for each use shall be as set
forth in the Parking Standards Table per section 5.03.232.

(5) Height: The maximum height of any building shall be forty (40) feet, except
on Mission Road where the maximum height of any building shall be forty-two (42)
feet.

(6) Design: The design of any building shall be subject to approval by the City
Council which shall consider the height, design and use of such building in relation to
the height, design and use of buildings in the surrounding area.

(7) Landscaping: Within the required setback area from streets there shall be
maintained on each site only paved parking spaces, paved walks, paved driveways,
lawns and landscaping; and the surface of so much of the remainder of each site as
is not covered by buildings, by lawns, or by landscaping shall be treated so as to be

March 2026 Page 53 of 170

dust free. The City Council may require, as a condition of the Use Permit, that all or a portion of the setback area be maintained in lawns or landscaping.

(8) Electrical Vehicle Charging Station: Install electric vehicle charging stations.

(9) Undergrounding and Screening of Utilities: Underground and screen utilities
in new developments, at a minimum from the nearest above-ground pole to the
building. Transformer shall be located as far away from a public street as possible
and shall be screened from view by landscaping to the extent feasible.

(10) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise- sensitive land uses.

(11) Noise Controls. Require an acoustical study to identify inappropriate noise
levels where new development may directly result in existing or future noise-sensitive
uses being subject to noise levels equal to or greater than 60 CNEL and require
mitigation for sensitive uses in compliance with the noise standards listed.

(12) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future
development in proximity to BART, recognizing that BART noise is characterized by
relatively few loud events.

(13) Recreation Requirements for New Developments. All new development shall
require dedication of improved land, or payment of a fee in-lieu of, for park and
recreation land for all residential uses.

(14) Green Infrastructure. Incorporate green infrastructure, which relies on natural
processes for stormwater treatment/drainage, groundwater recharge and flood
control, into street and rights-of-way wherever applicable, including curb cuts, flow-
through planters and bioswales that slow stormwater runoff by dispersing it to
vegetated areas, harvesting and use of runoff, and promote infiltration and use of
bioretention to clean stormwater runoff.

(15) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel
surface and roof runoff to on-site detention facilities to facilitate groundwater
recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(16) Sensitive Biological Habitats. Require new development on or near sensitive
habitats, such as open creeks, ponds, and other water features, to be subject to an
investigation and the study of the presence of the threatened Red-legged frog and
endangered San Francisco Garter Snake.

(17) Habitat Enhancement. Require new development to minimize the disturbance
of natural habitats and vegetation, and revegetation of disturbed habitat with native
and/or non-invasive, naturalized species.

(18) Nesting Bird Protection. Require project applicants to retain the services of a
qualified biologist(s) to conduct a pre-construction nesting bird survey during the
nesting season (February 1 through August 31) prior to all new development that
may remove or be in close proximity to any trees or vegetation that may provide

March 2026 Page 54 of 170

suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(19) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(20) Water Efficient Landscape. Review landscape and hardscape installations as
part of new development to ensure compliance with water conservation requirements
in the Water Efficient Landscape Ordinance.

(c) Commercial Centers: A commercial center shall be subject to the following requirements:

(1) Area: The building site of a commercial center shall be one-half acre or more.

(2) Setbacks: No building shall be located less than twenty (20) feet from any
property line to any portion of the building.

(3) Parking: In any commercial center, the minimum amount of off-street parking
shall be such that the ratio of parking spaces to gross leasable area in the shopping
center shall be five (5) parking spaces as defined in section 5.01.080 for each one
thousand (1,000) square feet of gross leasable area, as herein defined:

(i) For the purpose of this section, gross leasable area (GLA) shall mean
the total floor area designed for tenant occupancy, including basements,
mezzanines and upper floors. Area is measured from the center line of interior
partitions and the outside face of exterior walls. GLA excludes common areas
which are not set aside for occupancy and exclusive use of a commercial
establishment within the shopping center, such as public toilets, truck and
service facilities and malls;

(ii) Exception for gasoline service stations. Gasoline service stations and
the area delineated on the shopping center site plan for their use shall have
no off-street parking requirements.

(4) Height: The maximum height of any building shall be forty (40) feet, except
on Mission Road where the maximum height of any building shall be forty-two (42)
feet.

(5) Design: The design of any building in a commercial center shall be subject to
approval of the City Council, which shall consider the height, design and use of such
building in relation to the height, design and use of buildings in the surrounding area.

(6) Construction: No building shall have exterior walls constructed other than of
tilt-up concrete or equal material, nor shall more than fifty per cent of the area of any
building site be covered by buildings.

(7) Landscaping: Within the required setback area from streets there shall be
maintained on each site only paved parking spaces, paved walks, paved driveways,
lawns and landscaping; and the surface of so much of the remainder of each as is not

March 2026 Page 55 of 170

covered by buildings, by lawns, or by landscaping shall be treated so as to be dust free. The City Council may require, as a condition of the Use Permit, that all or a portion of the setback area be maintained in lawns or landscaping.

(8) Electric Vehicle Charging Station: Install electric vehicle charging stations.

(9) Underground and screen utilities in new developments, at a minimum from
the nearest above-ground pole to the building. Transformer shall be located as far
away from a public street as possible and shall be screened from view by landscaping
to the extent feasible.

(10) Noise Impacts. Consider noise impacts as part of the development review
process, particularly for the location of parking, ingress/egress/loading and trash
collection areas relative to surrounding residential development and other noise-
sensitive land uses.

(11) Noise Controls. Require an acoustical study to identify inappropriate noise
levels where new development may directly result in existing or future noise-sensitive
uses being subject to noise levels equal to or greater than 60 CNEL and require
mitigation for sensitive uses in compliance with the noise standards listed.

(12) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future
development in proximity to BART, recognizing that BART noise is characterized by
relatively few loud events.

(13) Recreation Requirements for New Developments. All new development shall
require dedication of improved land, or payment of a fee in-lieu of, for park and
recreation land for all residential uses.

(14) Green Infrastructure. Incorporate green infrastructure, which relies on natural
processes for stormwater treatment/drainage, groundwater recharge and flood
control, into street and rights-of-way wherever applicable, including curb cuts, flow-
through planters and bioswales that slow stormwater runoff by dispersing it to
vegetated areas, harvesting and use of runoff, and promote infiltration and use of
bioretention to clean stormwater runoff.

(15) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel
surface and roof runoff to on-site detention facilities to facilitate groundwater
recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(16) Sensitive Biological Habitats. Require new development on or near sensitive
habitats, such as open creeks, ponds, and other water features, to be subject to an
investigation and study of the presence of the threatened Red-legged frog and
endangered San Francisco Garter Snake.

(17) Habitat Enhancement. Require new development to minimize the disturbance
of natural habitats and vegetation, and revegetation of disturbed habitat with native
and/or non-invasive, naturalized species.

(18) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that

March 2026 Page 56 of 170

may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(19) Water Conservation. Promote the conservation and efficient use of water in
new and existing residences and commercial buildings and sites.

(20) Water Efficient Landscape. Review landscape and hardscape installations as
part of new development to ensure compliance with water conservation requirements
in the Water Efficient Landscape Ordinance.

(d) Emergency Shelters: An emergency shelter shall be subject to the following requirements:

(1) No individual or household may be denied emergency shelter because of an
inability to pay.

(2) Development Standards

(i) Proximity to Other Shelters: No emergency shelter shall be located
closer than three hundred (300) feet to another emergency shelter.

(ii) Vehicle Parking: An emergency shelter shall provide off-street parking
spaces totaling the sum of: 0.35 parking spaces for every bed, rounded up to
the nearest whole parking space; and one parking space for each employee
who is working at the same time as another employee; and all parking spaces
required under the Americans with Disabilities Act.

(iii) Bicycle Parking: An emergency shelter shall provide a minimum of one
bicycle space for every five beds.

(iv) Shelter Capacity: No emergency shelter shall contain more than thirty
(30) beds. The maximum number of beds in all emergency shelters in the
Town shall not be less than the number of unsheltered homeless persons in
Colma as determined in San Mateo County’s Homeless Survey.

(v) Client Waiting Areas: Client waiting areas shall be sized and located
appropriately to keep clients from waiting on the public right-of-way.

(vi) Length of Stay: The length of stay per individual in an emergency
shelter shall not exceed six (6) months in a consecutive 12-month period.

(vii) Screening of Outdoor Uses: An emergency shelter shall not allow or include any of the following to occur in front of an emergency shelter or in any other location incidental to the shelter that is visible from adjoining properties or the public right-of-way, unless entirely screened from public view.

(a) -designated outdoor smoking area;

March 2026 Page 57 of 170

(b) -outdoor waiting and client intake area;

(c) -outdoor public telephones; and

(d) -outdoor refuse area.

(viii) Exterior Lighting: Lighting in or on an emergency shelter shall be
stationary, directed away from adjacent properties and public rights-of- way,
and of an intensity that is consistent with existing lighting in the surrounding
area in which the shelter is located.

(ix) Laundry Facilities: An emergency shelter shall provide laundry facilities
to serve the persons residing in the shelter.

(x) Personal Property Storage: An emergency shelter shall provide secure
areas for temporary storage of personal property of the persons residing in
the shelter.

(3) Management Standards

(i) Emergency Shelter Management Plan: The operator of an emergency
shelter shall prepare and submit to the City Planner for its approval, a
management plan that includes the following: established staff training
program to meet the needs of emergency shelter residents; adequate security
measures to protect emergency shelter residents and the neighboring land
uses; on-site management and security personnel who must be present at all
times when the emergency shelter is in operation; and a list of services
provided to assist emergency shelter residents with obtaining permanent
housing and income.

(ii) The operator shall, at all times, comply with and perform all terms and
conditions of the management plan approved by the City Planner.

[History: formerly § 5.332; ORD. 234, 3/14/79; ORD. 319, 5/08/85; ORD. 467,
6/8/94; ORD. 480, 5/10/95; ORD. 505, 2/19/97; ORD. 638, 12/14/05; ORD. 687,
1/13/10; ORD. 720, 5/8/13; ORD. 728, 10/9/13

VIII. “COD” – Commercial Overlay Zoning District

The regulations herein are applicable to properties zoned Commercial Overlay Zoning District and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

A Commercial Overlay District (COD) was created as part of Colma’s General Plan 2040 - adopted on March 23, 2023 – that encompasses two sites: one on the east side of Hillside Boulevard with Sand Hill Road to the north and Lawndale Boulevard intersection to the south – totaling 32.8-acre contiguous area; and the three-acre triangular-shaped Italian Cemetery property located east of El Camino Real and west of BART right-a-way - Figure LU.3 of Land

March 2026 Page 58 of 170

Use Element of the Town’s General Plan 2040. The COD, in addition to the district’s initial land use designation (G zoning district), provides the general uses that are allowed in the commercial zones including commercial establishments, and the Commercial (“C”) Zone development standards would apply pursuant to Colma Municipal Code Section 5.03.133. The purpose of the COD establishment is to extend the commercial zone in the Town to the two enlisted sites for greater economic development opportunities.

[History: ORD. 818, 2/14/24]

March 2026 Page 59 of 170

March 2026 Page 60 of 170

IX. "DR" – Design Review Combining Zone

The regulations herein are applicable to properties zoned Design Review Combining and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

The "DR" Design Review zone may be combined with all base zones to achieve a consistent site, landscape and building design theme in those areas where it is applied.

[History: formerly § 5.315; ORD. 500, 10/9/96; ORD. 638, 12/14/05; ORD. 818, 2/14/24]

Procedures.

(a) Such zone shall be in addition to and lay over the land use zones set forth in section 5.03.050, above. All real property from the junction of Mission Road and El Camino Real on the south to the junction of F Street and El Camino Real on the north, and from Junipero Serra Boulevard on the west to the Town limits on the east, plus all property fronting on Mission Road, shall be in the “DR” Zone.

(b) Applicability. The requirements of this section shall apply to all site, landscape and building plans, whether submitted in connection with the construction of a new building or an alteration or modification to the structure or façade of an existing building, within the area described in Section 5.03.040(d) with the following exceptions:

(1) An addition or modification to an existing building where the addition or
modification, if it were to conform to the DR standards, would clash with the building’s
established architectural theme.

(2) Construction of secondary or accessory structures on parcels with existing
buildings where the new building plans, were they to conform to the DR standards,
would clash with existing improvements having recognized historical or architectural
merit.

(3) Construction of new buildings on cemetery grounds with a G base zone, where
the new site and building plans, were they to conform to the DR standards, would
clash with existing improvements having recognized historical or architectural merit.

(4) Wireless Communications Facilities in the “DR” Zone shall be subject to the
requirements of subchapter 5.17 only.

(c) DR(S)DesignStandards. All plans for development in the portion of the “DR” Zone which are designated with an “(S)” shall incorporate building, site and landscape design elements representing the Spanish/Mediterranean style as defined in the following subsections.

(1) Building Design Elements. Principal structures and secondary structures such

March 2026 Page 61 of 170

as, storage buildings and trash enclosures must be architecturally consistent. The following design elements must be present in all buildings:

(i) Buildings shall incorporate simple, stepped massing, highlighted with
towers, cupolas and varied chimney forms. Flat walls shall be minimized by
interruptions using balconies, patios, shed roof elements, clerestory windows,
gable end or trellis arcades and colonnades of stylized columns or arches.

(ii) Roofs shall be low pitched gable and shed roof types with terra-cotta or similar colored real, individual Spanish barrel tile. No manufactured tile or sheets of tile may be used. All flat roof areas shall be surrounded by a parapet wall and must not be located where they can be viewed from adjacent buildings or property. Parapet walls shall be of such height that will completely screen all rooftop equipment.

(iii) Wall surfaces shall be composed primarily of stucco and must be
articulated by use of columns, piers and pilasters. Window and door openings
shall be varied in size and articulated by use of deep reveals, exposed lintels
and sills, iron grillwork and faux balconies. Arched openings are encouraged.

(iv) Door and window openings shall be designed to convey the thickness
of masonry construction by recessing the doors and windows and using
ornamental surrounds. Ornamentation may consist of stucco moldings, bands
of tile or other framing. Glass areas must be broken up by mullions. Operable
casement or double hung windows are encouraged.

Windows can be covered externally with appropriately designed grilles integral
to the surface of the building.

(v) New development projects shall document adequate water supplies for
fire suppression.

(2) Site and Landscape Design Elements. The following elements must be present
in the site and landscape designs:

(i) Site plan and landscape design must appropriately integrate and
conceal utility vaults, back flow prevention devices, trash dumpsters and other
accessory elements that may not be compatible with the Spanish-
Mediterranean theme.

(ii) A formal balanced planting layout shall be achieved by using elements
such as landscape entry features, tree lined walks and drives, and boundary
tree rows. Formal placement of trees in courts, pavilions and parking lots can
significantly enhance the character of these public and private areas. Use of
accent features such as brightly colored flowers and palm trees is encouraged.
Drought tolerant and California native plant materials are encouraged.

(iii) Landscape design shall incorporate features such as arbors, trellises,
fountains, walks, pavilions, curbs, light standards, benches, sculpture,
enhanced pavement (materials, textures and patterns), garden walls (free
standing and retaining), wood fences and gates, ironwork gates and railings,
planting pots and urns in order to integrate the Spanish/Mediterranean design

March 2026 Page 62 of 170

theme throughout the overall project design.

(iv) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(v) Noise Impacts. Consider noise impacts as part of the development
review process, particularly for the location of parking, ingress/egress/loading
and trash collection areas relative to surrounding residential development and
other noise-sensitive land uses.

(vi) Noise Controls. Require an acoustical study to identify inappropriate
noise levels where new development may directly result in existing or future
noise-sensitive uses being subject to noise levels equal to or greater than 60
CNEL and require mitigation for sensitive uses in compliance with the noise
standards listed.

(vii) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future
development in proximity to BART, recognizing that BART noise is
characterized by relatively few loud events.

(viii) Recreation Requirements for New Developments. All new development
shall require dedication of improved land, or payment of a fee in-lieu of, for
park and recreation land for all residential uses.

(ix) Sensitive Biological Habitats. Require new development on or near
sensitive habitats, such as open creeks, ponds, and other water features, to
be subject to an investigation and study of the presence of the threatened
Red-legged frog and endangered San Francisco Garter Snake.

(x) Habitat Enhancement. Require new development to minimize the
disturbance of natural habitats and vegetation, and revegetation of disturbed
habitat with native and/or non-invasive, naturalized species.

(xi) Nesting Bird Protection. Require project applicants to retain the
services of a qualified biologist(s) to conduct a pre-construction nesting bird
survey during the nesting season (February 1 through August 31) prior to all
new development that may remove or be in close proximity to any trees or
vegetation that may provide suitable nesting habitat for migratory birds or
other special-status bird species. If nests are found the qualified biologist(s)
shall identify appropriate avoidance measures, and these measures shall be
incorporated into the project and implemented accordingly.

(xii) Water Conservation. Promote the conservation and efficient use of
water in new and existing residences and commercial buildings and sites.

(xiii) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

(xiv) Cultural Sites and Historic Resources. Consult with Colma Historical

March 2026 Page 63 of 170

Association on discretionary review projects involving cultural sites and historic resources in the Town of Colma.

(d) DRDesignStandards. All plans for development in the “DR” Zone without an “(S)” designation shall incorporate building, site and landscape design elements that are appropriate for the setting based on surrounding properties as defined in the following subsections.

(1) Building Design Elements. Principal structures and secondary structures such
as, storage buildings and trash enclosures must be architecturally consistent with
each other. The following design elements must be present in all buildings:

(i) Buildings shall incorporate simple, stepped massing. Flat walls shall be
composed of a durable material and shall be minimized by interruptions
including wall off-sets, varied use of materials, trim banding, score lines, trim
molding, contrasting colors, trellises etc. The use of tower or articulated roof
elements is encouraged.

(ii) Roofs shall be low pitched gable and shed roof types. All flat roof areas
shall be surrounded by a parapet wall and must not be located where they
can be viewed from adjacent buildings or property. Parapet walls shall be of
such height that will completely screen all rooftop equipment.

(2) Site and Landscape Design Elements. The following elements must be present
in the site and landscape designs:

(i) Site plan and landscape design must appropriately integrate and
conceal utility vaults, back flow prevention devices, trash dumpsters and other
accessory elements.

(ii) A formal balanced planting layout shall be achieved by using elements
such as landscape entry features, tree lined walks and drives, and boundary
tree rows. Formal placement of trees in courts, pavilions and parking lots can
significantly enhance the character of these public and private areas. Use of
accent features such as brightly colored flowers and palm trees is encouraged.
Drought tolerant and California native plant materials are encouraged.

(iii) Landscape design shall incorporate features such as arbors, trellises,
fountains, walks, pavilions, curbs, light standards, benches, sculpture,
enhanced pavement (materials, textures and patterns), garden walls (free
standing and retaining), wood fences and gates, ironwork gates and railings,
planting pots and urns as appropriate to the project.

(iv) Noise Impacts. Consider noise impacts as part of the development
review process, particularly for the location of parking, ingress/egress/loading
and trash collection areas relative to surrounding residential development and
other noise-sensitive land uses.

(v) Noise Controls. Require an acoustical study to identify inappropriate
noise levels where new development may directly result in existing or future
noise-sensitive uses being subject to noise levels equal to or greater than 60
CNEL and require mitigation for sensitive uses in compliance with the noise

March 2026 Page 64 of 170

standards listed.

(vi) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future
development in proximity to BART, recognizing that BART noise is
characterized by relatively few loud events.

(vii) Recreation Requirements for New Developments. All new development
shall require dedication of improved land, or payment of a fee in-lieu of, for
park and recreation land for all residential uses.

(1) Require new grading or development to prevent erosion on
slope and hillside areas by revegetation or use of slope protection
material. Require project grading and drainage plans to demonstrate
how the project will maintain natural surface drainage and existing
vegetation, to the extent feasible.

(2) Tent Structures are allowed, subject to the following design
standards. All Tent Structures are considered structures and therefore
may only be installed pursuant to a valid Building Permit.

(i) Tents shall be located only on paved areas and not on approved landscaping. Tents shall not block any access aisles or fire lanes. A total of three tents per property are permitted at any given time, not to exceed 400 square feet each (1,200 square feet total). Exceptions may be granted by the City Planner for infrequent special events.

(ii) Tents shall be made of high quality fire retardant materials,
and must be in colors which are consistent with color that
matches the principal building on the site or approved
signage on the property. Tents shall be securely fastened
according to accepted engineering practices.

(viii) Green Infrastructure. Incorporate green infrastructure, which relies on
natural processes for stormwater treatment/drainage, groundwater recharge
and flood control, into street and rights-of-way wherever applicable, including
curb cuts, flow-through planters and bioswales that slow stormwater runoff
by dispersing it to vegetated areas, harvesting and use of runoff, and promote
infiltration and use of bioretention to clean stormwater runoff.

(ix) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to
channel surface and roof runoff to on-site detention facilities to facilitate
groundwater recharge, reduce stormwater pollution, and mitigate flooding of
Colma Creek.

(x) Sensitive Biological Habitats. Require new development on or near
sensitive habitats, such as open creeks, ponds, and other water features, to
be subject to an investigation and study of the presence of the threatened
Red-legged frog and endangered San Francisco Garter Snake.

(xi) Habitat Enhancement. Require new development to minimize the
disturbance of natural habitats and vegetation, and revegetation of disturbed

March 2026 Page 65 of 170

habitat with native and/or non-invasive, naturalized species.

(xii) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(xiii) Water Conservation. Promote the conservation and efficient use of
water in new and existing residences and commercial buildings and sites.

(xiv) Water Efficient Landscape. Review landscape and hardscape
installations as part of new development to ensure compliance with water
conservation requirements in the Water Efficient Landscape Ordinance.

(xv) Cultural Sites and Historic Resources. Consult with Colma Historical
Association on discretionary review projects involving cultural sites and historic
resources in the Town of Colma.

(e) DesignReviewProcedureandApproval. No grading or building permit shall be issued until design plans have been reviewed and approved. Plans shall be submitted to the City Planner for review and approval according to the following procedures:

(1) CityCouncilApproval.Whenever the project requires approval of a Use Permit,
Subdivision Map, Planned Unit Development, or other action by the City Council, then
the City Council shall also, at that time, make the determination to approve the design
in accordance with this ordinance. Determinations made by the City Council may be
reconsidered in accordance with the procedures set forth at Section 5.03.243.

(2) Zoning Administrator Approval. The Zoning Administrator shall make the
determination to approve the design of all projects other than those described in the
preceding paragraph, and any determination by the Zoning Administrator may be
appealed by any interested party to the City Council in accordance with the
procedures set forth in section 1.02.140 of the Colma Municipal Code.

(3) ModificationofStandards. The City Council or Zoning Administrator may, in
its sole discretion, modify the application of these DR Design Standards to a
modification or addition of an existing building after considering: (a) the nature of the
specific standard or standards to be applied; (b) the economic impact of strict
compliance with these standards on the property; and (c) the extent to which strict
compliance interferes with the property owner’s investment-backed expectations.

(4) Findings. The City Council or Zoning Administrator, as appropriate, may
approve a design only if it finds that:

(i) The architectural, site and landscape design of the proposed project incorporates design elements adopted for the “DR” Zone.

(ii) The architectural, site and landscape design substantially reflects the

March 2026 Page 66 of 170

goal of the “DR” Zone to achieve a consistent site, landscape and building design theme for the Town of Colma.

(5) Fees. Design review fees shall be set forth in the Town of Colma Master Fee
Schedule.

[History: formerly § 5.333, ORD, 467, 6/8/94; ORD. 500, 10/9/96; ORD. 521,
12/10/97; ORD. 524, 1/14/98; ORD. 551, 4/14/1999; ORD. 638, 12/14/05; ORD. 707,
4/11/11; ORD. 748, 9/9/15]

Combining Zone.

(a) Applicability. The requirements of this section shall apply to all site, landscape and building plans, whether submitted in connection with the construction of a new building or an alteration or modification to the structure or façade of an existing building, within the area described in Section 5.03.040(d) with the following exceptions:

(1) An addition or modification to an existing building where the addition or
modification, if it were to conform to the DR standards, would clash with the
building’s established architectural theme.

(2) Construction of secondary or accessory structures on parcels with existing
buildings where the new building plans, were they to conform to the DR standards,
would clash with existing improvements having recognized historical or
architectural merit.

(3) Construction of new buildings on cemetery grounds with a G base zone,
where the new site and building plans, were they to conform to the DR standards,
would clash with existing improvements having recognized historical or architectural
merit.

(4) Wireless Communications Facilities in the “DR” Zone shall be subject to
the requirements of subchapter 5.17 only.

(b) DR (S) Design Standards. All plans for development in the portion of the “ DR” Zone which are designated with an “(S)” shall incorporate building, site and landscape design elements representing the Spanish/Mediterranean style as defined in the following subsections. The aforementioned does not apply to new solar panels and its supporting structure (i.e., carport) in existing parking lots within the DR(S) Zoning District.

(1) Building Design Elements. Principal structures and secondary structures such
as, storage buildings and trash enclosures must be architecturally consistent. The
following design elements must be present in all buildings:

(i) Buildings shall incorporate simple, stepped massing, highlighted with
towers, cupolas and varied chimney forms. Flat walls shall be minimized by
interruptions using balconies, patios, shed roof elements, clerestory
windows, gable end or trellis arcades and colonnades of stylized columns or
arches.

(ii) Roofs shall be low pitched gable and shed roof types with terra-cotta

March 2026 Page 67 of 170

or similar colored real, individual Spanish barrel tile. No manufactured tile or sheets of tile may be used. All flat roof areas shall be surrounded by a parapet wall and must not be located where they can be viewed from adjacent buildings or property. Parapet walls shall be of such height that will completely screen all rooftop equipment.

(iii) Wall surfaces shall be composed primarily of stucco and must be articulated by use of columns, piers and pilasters. Window and door openings shall be varied in size and articulated by use of deep reveals, exposed lintels and sills, iron grillwork and faux balconies. Arched openings are encouraged.

(iv) Door and window openings shall be designed to convey the thickness
of masonry construction by recessing the doors and windows and using
ornamental surrounds. Ornamentation may consist of stucco moldings,
bands of tile or other framing. Glass areas must be broken up by mullions.
Operable casement or double hung windows are encouraged. Windows can
be covered externally with appropriately designed grilles integral to the
surface of the building.

(2) Site and Landscape Design Elements. The following elements must be present
in the site and landscape designs:

(i) Site plan and landscape design must appropriately integrate and
conceal utility vaults, back flow prevention devices, trash dumpsters and
other accessory elements that may not be compatible with the Spanish-
Mediterranean theme.

(ii) A formal balanced planting layout shall be achieved by using
elements such as landscape entry features, tree lined walks and drives, and
boundary tree rows. Formal placement of trees in courts, pavilions and
parking lots can significantly enhance the character of these public and
private areas. Use of accent features such as brightly colored flowers and
palm trees is encouraged. Drought tolerant and California native plant
materials are encouraged.

(iii) Landscape design shall incorporate features such as arbors,
trellises, fountains, walks, pavilions, curbs, light standards, benches,
sculpture, enhanced pavement (materials, textures and patterns), garden
walls (free standing and retaining), wood fences and gates, ironwork
gates and railings, planting pots and urns in order to integrate the
Spanish/Mediterranean design theme throughout the overall project design.

(c) DR Design Standards. All plans for development in the “ DR” Zone without an “(S)” designation shall incorporate building, site and landscape design elements that are appropriate for the setting based on surrounding properties as defined in the following subsections.

(1) Building Design Elements. Principal structures and secondary structures such
as, storage buildings and trash enclosures must be architecturally consistent with
each other. The following design elements must be present in all buildings:

March 2026 Page 68 of 170

(i) Buildings shall incorporate simple, stepped massing. Flat walls shall be composed of a durable material and shall be minimized by interruptions including wall off-sets, varied use of materials, trim banding, score lines, trim molding, contrasting colors, trellises etc. The use of tower or articulated roof elements is encouraged.

(ii) Roofs shall be low pitched gable and shed roof types. All flat roof
areas shall be surrounded by a parapet wall and must not be located
where they can be viewed from adjacent buildings or property. Parapet
walls shall be of such height that will completely screen all rooftop equipment.

(2) Site and Landscape Design Elements. The following elements must be present
in the site and landscape designs:

(i) Site plan and landscape design must appropriately integrate and
conceal utility vaults, back flow prevention devices, trash dumpsters and
other accessory elements.

(ii) A formal balanced planting layout shall be achieved by using
elements such as landscape entry features, tree lined walks and drives, and
boundary tree rows. Formal placement of trees in courts, pavilions and
parking lots can significantly enhance the character of these public and
private areas. Use of accent features such as brightly colored flowers and
palm trees is encouraged. Drought tolerant and California native plant
materials are encouraged.

(iii) Landscape design shall incorporate features such as arbors,
trellises, fountains, walks, pavilions, curbs, light standards, benches,
sculpture, enhanced pavement (materials, textures and patterns), garden
walls (free standing and retaining), wood fences and gates, ironwork
gates and railings, planting pots and urns as appropriate to the project.

(3) Tent Structures are allowed, subject to the following design standards. All
Tent Structures are considered structures and therefore may only be installed
pursuant to a valid Building Permit.

(i) Tents shall be located only on paved areas and not on approved
landscaping. Tents shall not block any access aisles or fire lanes. A total of
three tents per property are permitted at any given time, not to exceed
400 square feet each (1,200 square feet total). Exceptions may be granted
by the City Planner for infrequent special events.

(ii) Tents shall be made of high quality fire retardant materials, and must
be in colors which are consistent with color that matches the principal building
on the site or approved signage on the property. Tents shall be securely
fastened according to accepted engineering practices.

(d) Design Review Procedure and Approval. No grading or building permit shall be issued until design plans have been reviewed and approved. Plans shall be submitted to the City Planner for review and approval according to the following procedures:

(1) City Council Approval. Whenever the project requires approval of a Use

March 2026 Page 69 of 170

Permit, Subdivision Map, Planned Unit Development, or other action by the City Council, then the City Council shall also, at that time, make the determination to approve the design in accordance with this ordinance. Determinations made by the City Council may be reconsidered in accordance with the procedure set forth at Section 5.03.420.

(2) Zoning Administrator Approval. The Zoning Administrator shall make the
determination to approve the design of all projects other than those described in
the preceding paragraph, and any determination by the Zoning Administrator may be
appealed by any interested party to the City Council in accordance with the
procedures set forth in section 1.02.140 of the Colma Municipal Code. The design
review project for ‘G’ Zone monumental buildings in cemetery zones of 300 square
feet or less are not subject to Design Review approval by the Zoning Administrator.

(3) Modification of Standards. The City Council or Zoning Administrator may, in
its sole discretion, modify the application of these DR Design Standards to a
modification or addition of an existing building after considering: (a) the nature of
the specific standard or standards to be applied; (b) the economic impact of strict
compliance with these standards on the property; and (c) the extent to which strict
compliance interferes with the property owner’s investment-backed expectations.

(4) Findings. The City Council or Zoning Administrator, as appropriate, may
approve a design only if it finds that:

(i) The architectural, site and landscape design of the proposed
project incorporates design elements adopted for the “DR” Zone.

(ii) The architectural, site and landscape design substantially reflects the
goal of the “ DR” Zone to achieve a consistent site, landscape and
building design theme for the Town of Colma.

(5) Fees. Design review fees shall be set forth in the Town of Colma Master
Fee Schedule.

[History: formerly § 5.333, ORD, 467, 6/8/94; ORD. 500, 10/9/96; ORD. 521,
12/10/97; ORD. 524, 1/14/98; ORD. 551, 4/14/1999; ORD. 638, 12/14/05; ORD. 707,
4/11/11; ORD. 748, 9/9/15]

March 2026 Page 70 of 170

March 2026 Page 71 of 170

and Commercial (C) Zone Districts.

a) Applicability. The following objective design standards shall apply to residential projects consisting of multi-family residential units only or mixed-use buildings within the “PD” and “C” Zone Districts, as defined below.

(1) Mixed-use: a building consisting of residential and non-residential uses (e.g.,
commercial retail, retail service, office, civic, and institutional) with at least two-thirds
of the square footage designated for residential use, transitional housing, or
supportive housing.

(2) Multi-family Dwelling: a residential structure containing two or more
residential dwelling units, each of which is for the occupancy by one or more persons,
including duplexes, triplexes, fourplexes, apartments, condominiums, and
townhouses.

b) Building Entries,Stairwells, andGarages. To create an attractive, welcoming, safe, and active interface between private development and public spaces, buildings and site design shall meet the following objective criteria:

(1) All residential developments

i. Residential entries: residential units that are not adjacent to the street
shall have front entries that are oriented to common areas such as paseos,
courtyards, parking areas, and active landscape areas. (CPTED)1

ii. Exterior stairwells: exterior stairwells shall not be oriented to the
street. For safety and security, exterior stairwells shall face interior spaces,
such as plazas and gathering areas, parking areas, and pedestrian pathways,
and shall not be separated from these areas by landscaping, fences, or walls
taller than three feet. (CPTED1).

iii. Access control: gated, fenced, underground parking facilities and
gated exterior stairwells shall incorporate access control technology (e.g.,
access card or key).

iv. Security camera system: developments with more than 12 units shall
incorporate a monitored or recorded security system.

(2) Multi-family residential developments

i. Front entries: buildings positioned along the street shall orient front
entries to the street. Street facing residential units shall have covered entries
with a minimum recess or projection of 48 square feet in area.

ii. Entryway design: street facing entries shall be accentuated by a
minimum of one (1) of the following:

1 (CPTED indicates a standard that addresses crime prevention through environmental design

March 2026 Page 72 of 170

A. a change in roof pitch or form, such as a gable, that extends a minimum or one foot past the sides of the floor jamb.

B. an increase in roof height of at least one (1) foot to accentuate the entry.

C. wood, stone, tile, or brick accent materials covering a minimum
of 30 percent of the entryway wall surface area, inclusive of windows
and doors.

iii. Garage doors: for projects containing (5) or more units, garage doors
shall not face a public street(s) but may be oriented toward an alley or private
street/driveway that is internal to the project. All garage doors shall be
recessed a minimum of six (6) inches from the surrounding building wall and
shall include trim of at least one and a half (1.5) inches in depth.

(3) Mixed-use residential developments

i. Commercial/office units: commercial/office unit entrances shall face
the street, a parking area, or an interior common space.

ii. Residential units: residential units in a mixed-use development shall be
located on the upper floors of any elevation that faces a public street with
residential access provided through a separate entry along each frontage or a
single entry at the corner.

c) Massing and articulation. To create a human-scale environment and buildings that are compatible with and enhance the surrounding area, building design shall meet the following objective criteria:

a. Residential adjacencies. The side and rear walls of any building within 15 feet
of a required setback shall be a maximum of 15 feet higher than the directly adjacent
existing residential structure, or the exterior wall plane of each floor above the ground

March 2026 Page 73 of 170

floor shall be stepped back by a minimum of eight (8) feet along the entire facade. There is no setback requirement for side and rear walls more than 15 feet from the required setback line.

(2) Major massing breaks. Buildings shall have major massing breaks along any
street frontage or publicly visible area by incorporating at least one (1) of the following
features.

i. stepping back each subsequent floor by a minimum of eight feet;

ii. recessed or projected covered entries with a minimum of 24 square
feet;

iii. ground floor building recessions that provide sheltered walkways
within the building footprint with a minimum width of eight feet;

iv. ground floor courtyards within the building footprint with a minimum
area of 48 square feet; or

March 2026 Page 74 of 170

(3) Minor massing breaks. Buildings shall have minor massing breaks at least every 30 feet along any elevation by incorporating at least one (1) of the following features:

i. doors and windows recessed by a minimum of four (4) inches;

ii. variations in wall plane (projection or recess) by a minimum of two (2)
feet in depth for at least 30 percent of the facade;

iii. vertical elements, such as pilasters, that protrude a minimum of one
(1) foot from the wall surface and extend the full height of the structure; or

iv. any of the major massing breaks noted above can be double counted
as a minor massing break, so long as it is located within the 30-foot section.

(4) Roofline articulation. Rooflines shall be vertically articulated at least every 36-
feet along the street frontage through one (1) of the following techniques:

i. A change in wall or roof height of a minimum four (4) feet;

ii. A change in roof pitch or form; or

iii. The inclusion of dormers, gables, parapets, and/or varying cornices.

(5) Building variation. This section shall apply to non-DR(S) zone sites only.
Buildings three (3) stories or taller and wider than 30 feet shall be designed to
differentiate the ground floor, middle body, and top floor or cornice/parapet cap. Each
of these elements shall be distinguished from one another through use of one (1) of
the following techniques:

i. Variation in building modulation for a minimum of 70 percent of the
length of the facade, through changes in wall planes that protrude and/or
recess with a minimum dimension of four (4) feet;

ii. Balconies or habitable projects with a minimum of two (2) feet in depth
for a minimum 25 percent of the length of the facade;

March 2026 Page 75 of 170

iii. Variation in facade articulation, through horizontal and/or vertical recesses or projections (minimum four (4) inches in depth) such as shading and weather protection devices, decorative architectural details, or a pattern or grouping of windows, panels, or bay windows;

iv. Variation in fenestration, through at least two (2) of the following;
size2, proportion3, or pattern; or

v. Variation in facade material, through at least two (2) of the following:
size4, texture, pattern, or color.

2 including: incorporating a stepback, recession, or projection with a minimum depth of four (4) feet. 3 Including: a change in the surface area occupied by windows, doors, balconies, or trim by a minimum of 15 percent. 4 Including: a change in depth of at least four (4) inches).

March 2026 Page 76 of 170

d) Architectural Elements: To create a sense of place within buildings that are cohesive, well-crafted, and enhance the public’s experience, buildings shall be designed to meet the following objective criteria.

(1) Corner treatments: corner buildings that are two (2) stories in height shall
include at least one (1) of the following features within 15 feet from each edge of the
building corner. Buildings that are three (3) or more stories in height shall incorporate
a minimum of two (2) of the following features within 15 feet from each edge of the
building corner:

i. change in primary wall material and color;

ii. change in height of more than (4) feet;

iii. change in wall plane of a minimum depth of two (2) feet;

iv. entry to ground floor retail or primary building entrance;

v. different fenestration pattern from the primary facade;

vi. open space with a minimum dimension of 16 feet and minimum area
of 450 square feet, which accommodates either a publicly accessible
courtyard/plaza, or outdoor public seating.

(2) End units: End units shall include the following features on their side
elevations: a minimum 15 percent fenestration area, and at least one (1) facade
modulation with a minimum depth of 18 inches and a minimum width of two (2) feet.
Example: wrap around front porch.

(3) Balconies, Patios, and Porches: All ground floor residential units a minimum of
51 percent of the upper floor residential units shall include a balcony, patio, porch, or
stoop, and this feature shall be a minimum of 48 square feet in area. Fractional
calculations shall be rounded up. Balcony walls above the ground floor shall be a
maximum of 15 percent transparent.

(4) Facade transparency: At least 60 percent of the ground floor, street facing
walls of non-residential units shall include transparent window or door glazing

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between two (2) and ten (10) feet in height from grade, providing unobstructed views into the non-residential space. Where it is infeasible to provide glazing, such as a parking garage, trash room, mechanical room, or electrical room, landscaping with a minimum dimension of 18-inches in depth and a width equivalent to 70 percent of the wall shall be provided to soften the appearance of a blank wall on the ground floor.

(5) Windows and doors: Windows and doors shall either be trimmed or recessed.
When trimmed, the trim material shall not be less than 3.5” in width by ¾” in depth
from the wall. Foam trim molding is prohibited on the ground floor. When recessed,
the building primary siding material (masonry or stucco) shall cover the recessed edge
faces and wrap toward the interior face of the window glazing or door face by not
less than 3” in depth.

(6) Personal outdoor space: A minimum of 10 square feet (80 cubic feet) of
personal outdoor public storage space shall be provided for each dwelling unit.
Personal outdoor storage areas shall be covered and able to be locked.

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e) Colors and Materials. To ensure that buildings include a variety of color palettes and textures with durable and attractive materials that contribute to the aesthetic quality of the development and the neighborhood, buildings shall be designed to meet the following objective criteria:

(1) Primary wall finish material: The primary wall finish material5 shall be wood,
stone, brick, stucco, fiber cement, or other cementitious material, or stone. T1-11
siding and all grooved or patterned wood panel or composite wood panel siding are
prohibited.

(2) Required number of materials: Structures shall incorporate a minimum of two
building materials on each building elevation. Trim does not count as the second
material.

(3) Colors: structures shall have a color palette that consists of at least two (2)
body colors and two (2) accent colors (not including roof color). Projects with two (2)
or more residential structures shall include a minimum of two (2) color palettes and
shall not use a single palette on more than 70 percent of the residential structures.
Stone materials shall not be painted.

f) Circulation. To provide pedestrians, vehicles, and cyclists with safe and efficient site access and circulation, site design shall meet the following objective criteria:

(1) Pedestrian circulation: all structures, entries, facilities, amenities, and parking
areas shall be internally connected with pedestrian pathways. Pedestrian
pathways shall connect to the public sidewalk along each street frontage.
Pedestrian pathways shall be separated from roads and parking areas by a
physical barrier, such as a grade-separation, of six inches or more or a raised
planting strip.

(2) Vehicular circulation: all parking areas shall be internally connected and shall
use shared driveways within the development.

(3) Carports: carports shall be painted with the approved color palette for the
project.

(4) Parking: parking shall not be located between the building frontage and a public sidewalk. Uncovered parking areas shall include a landscaped break with one (1) tree and a minimum width of five (5) feet at intervals of a maximum of every 12 parking stalls.

(5) Bicycle parking: all structures with dwelling units shall provide short-term bike
parking in the form of an inverted “U”. An artistic rack may be proposed,
subject to discretionary City approval. Bicycle parking shall not be separated
from building entrances by a road, parking area, or structure.

(6) Covered parking spaces shall include a structure to mount solar panels.

5 Primary wall finish material: the material covering the largest percentage of surface area of any building face or elevation.

March 2026 Page 79 of 170

g) Open space and common areas. To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a safe environment, and enhance the pedestrian experience, common area and open space design shall meet the following objective criteria:

(1) Outdoor space: Landscaping shall be located in all outdoor areas that are not
specifically used for parking, driveways, walkways, patios, or other outdoor amenities
as described below.

(2) Paved areas: Paved areas shall not exceed 50 percent of the required front or
street side setback area.

(3) Courtyard and gathering areas: Internal courtyards and common areas shall
be visible from the street, parking areas, pedestrian pathways, and/or interior building
entries. (CPTED)

(4) Public art: Developments with more than 50 units shall provide at least one
public art amenity,. subject to restrictions and procedures applicable to the DR
(Design Review) Zone, to be approved by the City Council.

(5) Play areas: Multi-family developments with more than 10 units shall provide a
play area with at least two structured play modules (e.g., slide and sand box, or
tunnel and climber) and a picnic table adjacent to the play area as one of the required
active outdoor amenities. Senior or convalescent type housing is exempted from the
play area requirement but shall provide a shaded outdoor patio area with a minimum
seating capacity of eight persons as one of the required active outdoor amenities.

(6) Outdoor amenities: Projects shall provide outdoor amenities according to the
following table. Required amenity areas may be combined into a single area, if the
minimum requirements for each amenity area are met within the combined area.

a) Passive recreation amenities: passive recreation amenities include community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, or courtyard/plaza. Each passive recreation area shall include a minimum seating capacity of one for each 10 units at least one of the following: trellis, gas fire pit, BBQ, or picnic table.

b) Active outdoor amenities: active recreation amenities include
playground/tot lots, sport court/field, outdoor fitness area, swimming pool,
exercise structure or complex, clubhouse with kitchen, recreation hall.

March 2026 Page 80 of 170

h) Lighting

(1) Dusk to Dawn: All structures, entries, parking areas, refuse enclosures, active
outdoor/landscape areas, and pedestrian pathways shall include dusk to dawn lighting
for safety and security.

(2) Design and Placement: Lighting shall be recessed or hooded, downward
directed, and located to illuminate only the intended area.

(3) Lighting Spill: Lighting shall not spill beyond the intended area and shall not
extend across a property line.

i) Fencing

(1) Fences and wall materials: Chain link or cyclone fences are prohibited.

j) Utilities and Service Areas

(1) Screening: utilities and utility vaults, and all mechanical equipment shall be
screened or hidden from view from the public street.

(2) Refuse enclosures: trash, recycling, organic waste, and green waste bins shall
be consistent with fire and building codes and shall be housed in a covered refuse
enclosure with a gate that screens the trash receptacles. Sizing of the enclosures shall
conform to solid waste provider requirements.

(3) Refuse enclosure materials and colors: refuse enclosures shall be constructed
of the same primary wall material and color as the most adjacent building within the
development.

(4) Refuse enclosure access: refuse enclosures shall have both a vehicular access
gate with a concrete apron, and a pedestrian entrance. Gates shall be opaque. Access
shall conform to solid waste provider requirements.

[History: ORD. 818, 2/14/24]

March 2026 Page 81 of 170

(ODDS)

a) Applicability. The following objective design standards shall apply to single-family residential projects within the “R” and “R-S” Sterling Park Neighborhood Zones.

b) Building Entries. To create an attractive, welcoming, safe, and active interface between private development and public spaces, buildings and site design shall meet the following objective criteria:

i. All residential developments

(1) Residential entries: residential units that are not adjacent to the street
shall have front entries that are oriented to common areas such as paseos,
courtyards, parking areas, and active landscape areas.

c) Massing and articulation. To create a human-scale environment and buildings that are compatible with and enhance the surrounding area, building design shall meet the following objective criteria:

i. Residential adjacencies.

(1) Front setbacks. Buildings shall have a 15’ front setback in all zones.
Buildings in the “R-S” Zone shall have a 19’ setback from the front property
line to the front face of the garage and 60% of the front setback area devoted
to landscaping.

(2) Rear setbacks. Single-story buildings shall have a 15’ rear setback and
a two-story building shall have a 25’ setback. In the “R” Zone, the rear yard
shall not be less than 25 percent of the total area of the lot, but such rear
yard not to exceed 25 feet; save and except any “R” Zone located in that
portion of Colma bounded by F Street, Hillside Boulevard, El Camino Real, and
the northern boundary of the Town of Colma, in which the rear yard shall have
a depth of not less than 15 feet from the property line to the rear line of the
building and a depth of no less than 25 feet from the property line for the rear
line of any portion of the building above two-story.

(3) Side setback. Buildings shall have a side setback of 10 percent width
of the lot or 10 feet, whichever is less.

d) Architectural Elements: To create a sense of place within buildings that are cohesive, well-crafted, and enhance the public’s experience, buildings shall be designed to meet the following objective criteria.

(1) Corner treatments: corner buildings that are two (2) stories in height shall
include at least one (1) of the following features within 15 feet from each edge of the
building corner:

a. change in primary wall material and color;

b. change in height of more than (4) feet;

March 2026 Page 82 of 170

c. change in wall plane of a minimum depth of two (2) feet;

d. different fenestration pattern from the primary facade;

(2) End units: End units shall include the following features on their side elevations: a minimum 15 percent fenestration area, and at least one (1) facade modulation with a minimum depth of 18 inches and a minimum width of two (2) feet. Example: wrap around front porch.

(3) Windows and doors: Windows and doors shall either be trimmed or recessed.
When trimmed, the trim material shall not be less than 3.5” in width by ¾” in depth
from the wall. When recessed, the building primary siding material shall cover the
recessed edge faces and wrap toward the interior face of the window glazing or door
face by not less than 3” in depth. Refer to Figure 9 above.

e) Colors and Materials. To ensure that buildings include a variety of color palettes and textures with durable and attractive materials that contribute to the aesthetic quality of the development and the neighborhood, buildings shall be designed to meet the following objective criteria:

(1) Required number of materials: Structures shall incorporate a minimum of two
(2) building materials on each building elevation. Trim does not count as the second
material.

(2) Colors: structures shall have a color palette that consists of at least two (2)
body colors and two (2) accent colors (not including roof color). Projects with two (2)
or more residential structures shall include a minimum of two (2) color palettes and
shall not use a single palette on more than 70 percent of the residential structures.
Stone materials shall not be painted.

f) Lighting

i. Dusk to Dawn: Building frontages shall include dusk to dawn lighting for safety
and security.

ii. Design and Placement: Lighting shall be recessed or hooded, downward
directed, and located to illuminate only the intended area. Refer to Figure 10 above.

iii. Lighting Spill: Lighting shall not spill beyond the intended area and shall not
extend across a property line.

g) Fencing

i. Fences and wall materials: Chain link or cyclone fences are prohibited.

h) Utilities and Service Areas

i. Screening: utilities and utility vaults, and all mechanical equipment shall be
screened or hidden from view from the public street.

[History: ORD. 818, 2/14/24]

March 2026 Page 83 of 170

a) Applicability. An Accessory Dwelling Unit (ADU) shall comply with the following objective design standards. Architectural Elements. To create a sense of place within buildings that are cohesive, well-crafted, and enhance the public’s experience, buildings shall be designed to meet the following objective criteria.

(1) Windows and doors: Windows and doors shall either be trimmed or recessed.
When trimmed, the trim material shall not be less than 3.5” in width by ¾” in depth
from the wall. When recessed, the building primary siding material shall cover the
recessed edge faces and wrap toward the interior face of the window glazing or door
face by not less than 3” in depth. Refer to Figure 9 above.

b) ColorsandMaterials. To ensure that buildings include a variety of color palettes and textures with durable and attractive materials that contribute to the aesthetic quality of the development and the neighborhood, buildings shall be designed to meet the following objective criteria:

(1) Required number of materials: Structures shall incorporate a minimum of two
(2) building materials on each building elevation. Trim does not count as the second
material.

(2) Colors: structures shall have a color palette that consists of at least two (2)
body colors and two (2) accent colors (not including roof color). Projects with two (2)
or more residential structures shall include a minimum of two (2) color palettes and
shall not use a single palette on more than 70 percent of the residential structures.
Stone materials shall not be painted.

c) Lighting. Lighting shall be designed in the following manner:

(1) Dusk to Dawn: Building frontages shall include dusk to dawn lighting for safety
and security.

(2) Design and Placement: Lighting shall be recessed or hooded, downward
directed, and located to illuminate only the intended area. Refer to Figure 10 above.

(3) Lighting Spill: Lighting shall not spill beyond the intended area and shall not
extend across a property line.

d) Fencing.

(1) Fences and wall materials: Chain link or cyclone fences are prohibited.

e) Utilities and Service Areas.

(1) Screening: utilities and utility vaults, and all mechanical equipment shall be
screened or hidden from view from the public street.

[History: ORD. 818, 2/14/24]

March 2026 Page 84 of 170

X. "P" – Public Zone

The regulations herein are applicable to properties zoned Public and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

[History: ORD. 818, 2/14/24]

The purpose of the Public zoning district is to provide for uses which are primarily public- serving in nature, including Town and other government offices, publicly owned recreation facilities, and fire and police facilities.

[History: ORD. 818, 2/14/24]

(a) The following uses are permitted in the "P" Zone:

(1) Public buildings and parks, and any uses incident thereto; and

(2) Municipal supported senior housing.

(b) Wireless Communications Facilities, as regulated in Subchapter 5.17, may be permitted in the “P” Zone upon issuance of a use permit in accordance with the procedures herein set forth.

[History: formerly § 5.316; ORD. 234, 3/14/79; ORD. 459, 10/13/93; ORD. 638, 12/14/05; ORD. 728, 10/9/13]

There shall be no restrictions on buildings or use within the "P" Zone, except that it is the policy of the Town that any use in the "P" Zone shall be consistent with the other uses in the Town.

[History: formerly § 5.334; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

March 2026 Page 85 of 170

March 2026 Page 86 of 170

XI. "E" – Executive, Administrative Zone

The regulations herein are applicable to properties zoned Executive, Administrative and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

[History: ORD. 818, 2/14/24]

(a) The following uses are generally permitted on land located within the "E" Zone:

(1) A cemetery or memorial park;

(2) Floriculture or agriculture.

(b) The following uses may be permitted by the City Council on land located in the "E" Zone upon issuance of a use permit in accordance with the procedures hereinafter set forth:

(1) Nurseries;

(2) Flower Shops;

(3) Monument Shops;

(4) Medical Service Offices where medical, dental or veterinarian consultation,
treatment and/or advice is dispensed on an outpatient basis;

(5) Professional Business Offices where professional or technical business services
are offered and/or where the administrative management function of a business is
performed and where no external signing is required;

(6) Restaurants provided that banquet facilities are included capable of
accommodating 50 or more persons separated from the principal dining facilities.

(7) Such other uses as the Council finds are of a similar nature to the specified
uses.

(c) Wireless Communications Facilities, as regulated in Subchapter 5.17, except those permitted pursuant to Section 5.17.010 or Section 5.17.120, are specifically prohibited in the “E” Zone.

(d) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

[History: formerly § 5.317; ORD. 234, 3/14/79; ORD. 321, 7/10/85; ORD. 372, 7/13/88; ORD. 638, 12/14/05; ORD. 728, 10/9/13]

March 2026 Page 87 of 170

The following regulations shall apply with respect to each lot zoned Executive, Administrative:

(1) Area: Each lot shall have a minimum average width of 33-1/3 feet and a depth
not less than 100 feet.

(2) Setbacks: The front yard shall have a depth of not less than five (5) feet from
property line to the front line of any building except that any yard facing El Camino
Real shall be thirty (30) feet; the side yards shall not be less than five (5) feet wide;
the rear year shall not be less than five (5) feet deep.

(3) Site Coverage: Not more than fifty percent (50%) of any building site shall be
covered by buildings.

(4) Parking: There shall be maintained on each building site facilities for parking,
loading, and unloading; provided, however, that off-street parking shall in no event
be less than the following standards:

(i) Retail Stores: one (1) parking space for each one hundred (100)
square feet of sales floor area, but in no case less than one (1) space for each
two hundred (200) square feet of gross floor area.

(ii) Professional Business and Medical Service Offices: one (1) parking
space for each three hundred (300) square feet of gross floor area.

(iii) Restaurants: One (1) parking space for each four (4) seats for seating
other than private banquet facilities; and with respect to private banquet
facilities such additional parking as may be appropriate considering the size of
the facility, the reasonably anticipated utilization of the banquet facility, and
the availability of adjacent parking; provided, however, that the amount of
parking required for banquet facilities shall be no greater than one (1) parking
space for each four (4) seats.

(iv) All other uses: minimum of one (1) space for each five (5) regular
employees but, in any case, not less than one (1) space for each two thousand
(2,000) square feet of gross floor area, or fraction thereof.

(5) Height: The maximum height of any building shall be thirty-six (36) feet.

(6) Design: The design of any building shall be subject to approval by the City
Council who shall consider the height, design and use of such building in relation to
the height, design and use of buildings in the surrounding area.

(7) Landscaping: Within the required setback area from El Camino Real there
shall be maintained only paved walks, paved walks, paved driveways, lawns and
landscaping. The landscaping shall be consistent with landscaping in the surrounding
area, and shall screen parking areas from passerby on the adjacent street. The City
Council may require, as a condition of any Use Permit, that all or a portion of the
setback area be maintained as lawns or landscaping.

(8) Parking shall be placed behind buildings or well screened by landscaping.

March 2026 Page 88 of 170

(9) Any roll-up doors and loading areas shall be located so as not to face public roads.

(10) Electric Vehicle Charging Stations: Install electric vehicle charging stations.

(11) Underground and screen utilities in new developments, at a minimum from
the nearest Underground above-ground pole to the building. Transformer shall be
located as far away from a public street as possible and shall be screened from view
by landscaping to the extent feasible.

(12) Noise Impacts. Consider noise impacts as part of the development review
process, particularly for the location of parking, ingress/egress/loading and trash
collection areas relative to surrounding residential development and other noise-
sensitive land uses.

(13) Noise Controls. Require an acoustical study to identify inappropriate noise
levels where new development may directly result in existing or future noise-sensitive
uses being subject to noise levels equal to or greater than 60 CNEL and require
mitigation for sensitive uses in compliance with the noise standards listed.

(14) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future
development in proximity to BART, recognizing that BART noise is characterized by
relatively few loud events.

(15) Recreation Requirements for New Developments. All new development shall
require dedication of improved land, or payment of a fee in-lieu of, for park and
recreation land for all residential uses.

(16) Green Infrastructure. Incorporate green infrastructure, which relies on natural
processes for stormwater treatment/drainage, groundwater recharge and flood
control, into street and rights-of-way wherever applicable, including curb cuts, flow-
through planters and bioswales that slow stormwater runoff by dispersing it to
vegetated areas, harvesting and use of runoff, and promote infiltration and use of
bioretention to clean stormwater runoff.

(17) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel
surface and roof runoff to on-site detention facilities to facilitate groundwater
recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(18) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(19) Habitat Enhancement. Require new development to minimize the disturbance
of natural habitats and vegetation, and revegetation of disturbed habitat with native
and/or non-invasive, naturalized species.

(20) Nesting Bird Protection. Require project applicants to retain the services of a
qualified biologist(s) to conduct a pre-construction nesting bird survey during the
nesting season (February 1 through August 31) prior to all new development that
may remove or be in close proximity to any trees or vegetation that may provide

March 2026 Page 89 of 170

suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(21) Water Conservation. Promote the conservation and efficient use of water in
new and existing residences and commercial buildings and sites.

(22) Water Efficient Landscape. Review landscape and hardscape installations as
part of new development to ensure compliance with water conservation requirements
in the Water Efficient Landscape Ordinance.

[History: formerly § 5.335.1; ORD. 321, 7/10/85; ORD. 372, 7/13/88; ORD. 638,
12/14/05]

March 2026 Page 90 of 170

March 2026 Page 91 of 170

XII. "PD" – Planned Development Zone

(a) The regulations herein are applicable to properties zoned Planned Development and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to all Zones.

[History: ORD. 818, 2/14/24]

It is the purpose of this section to establish a “PD”- Planned Development Zone to allow flexibility of design which is in accordance with the objectives and spirit of the General Plan.

[History: ORD. 818, 2/14/24]

(a) The following uses are permitted within the "PD" Zone upon issuance of a use permit in accordance with the procedures hereinafter set forth:

(1) Single-family residential developments;

(2) Low-barrier barrier navigation center;

(3) Group homes for six (6) or fewer, and seven (7) or more residents;

(4) Multiple housing developments;

(5) Neighborhood and community commercial centers;

(6) Professional and administrative offices;

(7) A Single Room Occupancy (SRO);

Supportive housing where multifamily and mixed uses are permitted, including
nonresidential zones permitting multifamily uses per Government Code 65651 if
proposed supportive development meets all the requirements of Government Code
65651; and

(8) A combination of such uses.

(b) Wireless Communications Facilities, as regulated in Subchapter 5.17, except those permitted pursuant to Section 5.17.010 or Section 5.17.120, are specifically prohibited in the “PD” Zone.

[History: formerly § 5.319; ORD. 234, 3/14/79; ORD. 264, 9/17/81; ORD. 638, 12/14/05; ORD. 728, 10/9/13]

March 2026 Page 92 of 170

PD- Planned Development Districts may be established in any R, E, or C Zone upon application of a property owner or owners, or upon the initiative of the City Council. Please refer to the Map - Potential PD Sites below which designates where potential PD sites can be established.

[History: formerly § 5.320, ORD. 264, 9/17/81; ORD. 638, 12/14/05; ORD. 721, 5/8/13; ORD. 723, 6/12/13]

(a) An application for the establishment of a PD District shall be accompanied by a Conceptual Development Plan which, if approved by the City Council, shall become a part of the Zoning Map of the Town of Colma.

(b) Said Conceptual Development Plan shall show the following information, presented in a schematic form and at a scale satisfactory to the City Planner, with a reduced reproducible print of the proposed drawing suitable for publication purposes:

(1) Proposed land uses;

(2) Location of buildings, structures and building groups;

(3) A tabulation of proposed dwelling unit density in residential areas;

(4) A tabulation of floor area ratios and the maximum heights of proposed
buildings;

(5) Proposed circulation systems, including preliminary street cross sections;

(6) Proposed parks, playgrounds, school sites and other open spaces;

(7) Location and type of existing and proposed landscaping;

(8) An economic feasibility analysis of proposed commercial uses;

(9) Delineation of the major units within the development to be constructed in
progression;

(10) Relation to future land use in surrounding area as proposed in the General
Plan;

(11) Proposed off-street parking;

(12) Proposed storm drainage facilities.

(c) The City Council may require such other information which, combined with the information submitted, shall be for the purpose of ascertaining substantial conformity with the adopted General Plan. The City Council shall make the following findings prior to approval of the Conceptual Development Plan:

(1) That the proposed uses are, in substantial part, generally or conditionally

March 2026 Page 93 of 170

permitted under the zoning classification for the proposed district in existence at the time of the application;

(2) That the uses proposed will not be detrimental to present and potential
surrounding uses, but will have a beneficial effect which could not be achieved under
other zoning districts;

(3) That the streets and thoroughfares proposed are suitable and adequate to
carry anticipated traffic and the density will not generate traffic in such amounts as
to overload the street network outside the PD District.

(4) That any proposed development can be economically justified at the locations
proposed;

(5) That the impact created by the development can be absorbed and serviced by
the Town (police and fire service, water supply, sewage disposal, etc.).

(d) The City Planner may require the submittal of a topographic model of the proposed district to an accurate scale. Both horizontal and vertical scales shall be the same. The scale and detail of the model shall be sufficient to accurately illustrate the appearance of the total final development. The City Planner shall approve the scale of the model in writing prior to its construction. The following proposed items shall be included on the model:

(1) Final topography of the district after grading;

(2) Street system;

(3) Location and bulk of buildings and structures;

(4) Lot design;

(5) Parks, playgrounds, school sites and other open spaces;

(6) Parking and loading areas;

(7) Location of existing and proposed major landscaping.

(e) An application for establishment of a PD District shall be accompanied by a fee, which shall be established from time to time by the City Council of the Town of Colma by resolution, for each proposed dwelling unit and each proposed commercial establishment shown in the Conceptual Development Plan. Said fee shall be in lieu of the fees prescribed in this Code for an amendment to the zoning map, for a variance, and for a use permit.

A Use Permit shall be required for any and all uses in a PD District. A Detailed Development Plan, as described in section 5.03.186, shall be submitted as part of the application for a Use Permit. The City Council shall not grant a Use Permit for any use or uses in a PD District unless it finds that:

(a) Each of the standards set forth in section 5.03.410 have been met;

March 2026 Page 94 of 170

(b) The use or uses as shown on the Detailed Development Plan are the same as the use or uses shown on the approved Conceptual Development Plan.

[History: formerly § 5.322; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

(a) An application for a Use Permit in a PD District shall include and be accompanied by a Detailed Development Plan which, if approved by the City Council, shall become a part of the Use Permit. The Detailed Development Plan shall contain certifications that a Design Professional or group of Design Professionals have participated in its preparation. Design Professional means a civil engineer, landscape architect, architect, registered building designer, or city planner who is a member of the American Institute of Certified Planners. Compliance with the requirements of this section shall not be construed as relieving the applicant from compliance with the Subdivision Ordinance or other applicable ordinances of the Town of Colma.

(b) The Detailed Development Plan shall include:

(1) A map showing any street system and lot design proposed within the
District, and any areas proposed to be dedicated or reserved for parks, parkways,
playgrounds, school sites, public buildings, and other such uses;

(2) A map showing the existing topography and the proposed finished grading of
the District at one-foot contour intervals on areas of a cross slope of less than 5 per
cent; at two-foot contour intervals on areas of a 5 to 10 per cent cross slope;
at five-foot contour intervals on areas exceed 10 per cent cross slope. (For the
purpose of this section, the cross slope of an area is defined to be the ratio
expressed as a percentage of the vertical difference in elevation to the horizontal
distance between any two points, with the line connecting the two points being
essentially perpendicular to the contours between the two points. The City Council
shall have the authority to determine the cross slope of an area and shall also have
the authority to designate different portions of the District as having different cross
slopes.);

(3) A plot plan for each building site or sites in the proposed PD District, the
location of all proposed buildings, with a statement of the maximum and minimum
distances between buildings and the property or building site lines;

(4) A detailed tabulation of the resultant densities of persons, dwelling units,
floor area ratios and height or structures;

(5) Off-street parking and loading plan;

(6) A circulation diagram indicating the proposed movement of vehicles, goods
and pedestrians within the PD District, and to and from adjacent public
thoroughfares, and any special engineering features and traffic regulation devices
needed to facilitate or ensure the safety of the circulation pattern;

(7) Landscaping and tree planting plan showing the approximate location and
type of plant materials to be installed;

March 2026 Page 95 of 170

(8) Detailed engineering site plans, including proposed finished grades and all public improvements;

(9) Detailed engineering plans for the provisions of public utilities for the site, including provisions for off-site connections and facilities necessary to serve the site;

(10) Elevations and perspective drawings of all proposed structures. (Such
drawings need not be the result of the final architectural decisions and need not be
in detail. The purpose of such drawings is to indicate within stated limits the height
of the proposed buildings and the general appearance of the proposed structures,
to the end that the entire development will have architectural unity and be in
harmony with surrounding developments);

(11) A written statement describing the disposition of recreation and open
space areas, including proposals for ownership, development and maintenance of
such spaces;

(12) Detailed engineering plans for the provisions of storm drainage facilities.

[History: formerly § 5.323; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

The following design standards shall be established as shown on the Detailed Development Plan for the particular PD District as approved by the City Council. Said design standards shall become a part of the Use Permit:

(a) Minimum building site;

(b) Minimum lot dimensions;

(c) Maximum building site coverage by buildings and structures;

(d) Minimum yards;

(e) Maximum building or structure heights;

(f) Maximum height of fences and walls;

(g) Signs;

(h) Off-street parking;

Pursuant to AB 2097, Government Code Section 65863.2, there is no minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of high quality public transit. However, a development of 19 dwelling units or fewer may impose parking requirements per Table 4 – Parking Standards,

(i) Electrical vehicle charging stations; and

March 2026 Page 96 of 170

(j) Private open space in multifamily residential development shall include a minimum of 100 square feet of private open space for each dwelling unit for use by residents of the project, such as courtyards, private balconies, and rooftop patios.

(k) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(l) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise-sensitive land uses.

(m) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(n) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(o) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(p) Green Infrastructure. Incorporate green infrastructure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flow-through planters and bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

(q) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate groundwater recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(r) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(s) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed habitat with native and/or non-invasive, naturalized species.

(t) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

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(u) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(v) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

[History: formerly § 5.324; ORD. 264, 09/17/81; ORD. 638, 12/14/05]

(a) Open space and density shall be as shown on the Detailed Development Plan for the particular PD District as approved by the City Council.

[History: formerly § 5.325; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

(a) Changes in the Conceptual Development Plan shall be considered the same as changes in the Zoning Map and shall be made in accordance with the procedures set forth in section 5.03.281 of this Code.

(b) Changes in the Detailed Development Plan shall be considered the same as changes to the Use Permit and shall be made in accordance with the procedures set forth in section 5.03.241 of this Code.

[History: formerly § 5.326; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

An application for a Use Permit in a PD District shall be accompanied by a development schedule indicating to the best of the applicant's knowledge the approximate date on which construction of all facets of the entire project can be expected to begin, the anticipated rate of development, and completion date. The development schedule, if approved by the City Council, shall become a part of the Detailed Development Plan and shall be adhered to by the owner of the property in the PD District, and his successors in interest.

[History: formerly § 5.327; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

If, in the opinion of the City Council, the owner or owners of property in a PD District are failing or have failed to meet an approved development schedule, the City Council may initiate proceedings under section 5.03.246 of this Code to revoke the applicant's Use Permit until such time as the applicant conforms to the conditions thereof. For good cause shown by the property owner, in writing, prior to the expiration of the original development schedule, the City Council may extend the limits imposed by the development schedule in accordance with section 5.03.243 of this ordinance.

[History: formerly § 5.328; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

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XIII. Housing Element Overlay (HEO) Zone District

The Town of Colma’s creation of a Housing Element Overlay Zoning District (HEO) is in response to the State of California’s required Regional Housing Needs Allocation mandating additional 202 units of mixed-income levels housing during the 2023 – 2031 period by removing constraints to developing housing on the five opportunity sites in town. The HEO was included in the adopted Housing Element Update in January 2023 – Figure H-7. The HEO designation will allow for greater housing densities and support mixed-use developments on the opportunity sites. Allowable uses and development standards in the HEO will reflect the state’s legislative decisions that aim to remove barriers to housing development. A few of the most impactful standards include removing minimum parking requirements within a half mile of public transit and density bonus amendments that will allow for projects consistent with the densities described in the Town’s Land Use Element of the General Plan 2040. Additionally, as of July 1, 2023, the HEO will provide a ministerial pathway for California Environmental Quality Act (CEQA) exemption approval related to multi-family projects that pay prevailing wages and meet specified affordable housing targets.

District.

Government Code Section 65863.2 prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within one-half (1/2) miles of public transit, as defined. No minimum parking standards shall be required in any areas of the Housing Element Update Overlay Zone District, except Hillside Boulevard and eastward.

[History: ORD. 818, 2/14/24]

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XIV. Housing Density Bonus

To demonstrate the standards and procedures in granting affordable housing density bonuses, concessions, and incentives for housing developments, in an effort to incentivize the construction of affordable units within new developments in the Town. This section implements the requirements of Government Code Sections 65915 through 65918, as may be amended from time to time (“State Density Bonus Law”).

The State Density Bonus Law was enacted in 1979 to encourage the development of affordable housing. The law incentivizes developers to provide below market rate housing by allowing projects that meet certain quotas of affordable units to exceed normal density limits. Over time, the law has further promoted affordable housing by offering developers benefits such as cost reductions, waivers of development standards, and reductions in parking requirements. The most recent changes in the State’s Density Bonus Law became effective on January 1, 2023.

This section shall apply to all zoning districts that permit housing at a prescribed density by the General Plan land use designation and/or zoning district. Where the density allowed under the zoning district is inconsistent with the density allowed under the General Plan land use designation, the land use designation density shall prevail. This section works in conjunction with, and does not replace or prevail over, the Town’s Inclusionary and Affordable Housing Ordinance, Town of Colma Municipal Code Chapter 5.03.199. If conflicts occur between requirements of this section and Government Code Sections 65915 through 65918, the requirements of Government Code Sections 65915 through 65918 shall apply.

The density bonuses and other affordable housing incentives required by state law, including, but not limited to, Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in state law.

[History: ORD. 818, 2/14/24]

XV. Inclusionary and Affordable Housing

(a) Applicability

(1) In-Lieu Fees: All new residential development projects that are required to
provide inclusionary units per this Subchapter, may satisfy these requirements by
paying an in-lieu fee to the Affordable Housing Trust Fund as provided in this section.
In-lieu Fees shall be in an amount as set forth in the current Town’s Master Fee
Schedule as adopted by the City Council, and as indicated in the table below.

(b) ImpactFees: Affordable Housing Impact Fees shall be imposed on non-residential uses as follows:

March 2026 Page 102 of 170

Table 5: Affordable Housing Impact Fees

Use Fee Per Square Foot
of Net New Floor
Area

Non-ResidentialUse(Onlyappliesto developmentsover5,000sf) Hotel $5.00 Retail, Restaurants and Services $5.00 Office, Medical Office and Research and Development $5.00 Uses

(c) TimingofPayment. The In-lieu Fee or Impact Fee must be paid prior to the Town’s issuance of a building permit for the development. For phased developments, payments may be made for each portion of the Development prior to Building Permit issuance for that phase.

(d) EffectofNoPayment.No building permit will be issued unless fees required under this Section have been paid in full to the Town.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16; ORD. 785, 11/28/18]

(a) Establishment. The Town of Colma Affordable Housing Fund (the “Housing Fund”) shall be and is hereby established. Separate accounts within such Housing Fund may be created from time to time to avoid commingling as required by law or as deemed appropriate to further the purposes of the Fund.

(b) Administration. The Housing Fund shall be administered by the City Manager, who shall have the authority to govern the Housing Fund consistent with this Subchapter, and to make recommendations on the use of the Fund, subject to review and approval by the Council.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16; ORD. 785, 11/28/18]

(a) Monies deposited in the Housing Fund along with any interest earnings on such monies shall be used solely to increase and improve the supply of housing affordable households of moderate, low, and very low-income households in the Town and in northern San Mateo County including, but not limited to:

(1) Acquisition of property and property rights;

(2) Cost of construction including costs associated with planning, administration,
and design, as well as actual building or installation, as well as any other costs
associated with the construction or financing of affordable housing;

(3) Reimbursement to the Town for such costs if funds were advanced by the Town
from other sources; and

March 2026 Page 103 of 170

(4) Reimbursement of developers or property owners who have been required or permitted to install facilities which are beyond that which can be attributed to a specific development.

(b) Monies may also be used to cover reasonable administrative expenses not reimbursed through processing fees, including reasonable consultant and legal expenses related to the establishment and/or administration of the Housing Fund and reasonable expenses for administering the process of calculating, collecting, and accounting for in-lieu fees and any deferred Town fees authorized by this section.

(c) Monies in the Housing Fund shall be used to construct, acquire, rehabilitate or subsidize very low-, low- and moderate- income housing and/or to assist other governmental entities, private organizations or individuals in the construction and rehabilitation of very low- , low-, and moderate-income housing. To the extent possible as determined by the Council, monies shall be targeted to benefit households at or below 80% of the Area Median Income in San Mateo County. Monies in the Housing Fund may be disbursed, hypothecated, collateralized or otherwise employed for these purposes from time to time as the City Council determines is appropriate to accomplish the purposes of the Housing Fund. These uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre-development loan funds, participation leases, other public/private partnership arrangements, or lent to the San Mateo County Housing Endowment and Regional Trust (HEART) for a specified term. The Housing Fund monies may be extended for the benefit of rental or owner-occupied housing or housing services.

(d) Expenditures by the City Manager from the Housing Fund shall be by contract and controlled, authorized and paid in accordance with general Town budgetary policies.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16; ORD. 785, 11/28/18]

(a) InclusionaryUnitsRequirement.For all Residential Developments, including mixed use development, of five or more residential units, a maximum of fifteen percent of the total units must be Inclusionary Units restricted for occupancy by Moderate-, Low- or Very Low-Income Households. The developer may elect, as an option, to satisfy the requirements of this section by paying the in-lieu fee described in section 5.03.198 or performing an Alternative Equivalent Action pursuant to section 5.03.204 of this ordinance.

(b) Time of Determination. The number of Inclusionary Units required for a particular project will be determined only once, at the time of tentative or parcel map approval, or, for developments not processing a map, prior to issuance of a Conditional Use Permit. If a Conditional Use Permit is not required, the number of units required shall be determined at the time of building permit application. If a change in the subdivision design results in a change in the total number of units, the number of Inclusionary Units required will be recalculated to coincide with the final approved project.

(c) Calculation. For purposes of calculating the number of inclusionary units required by this Section, any additional units authorized as a density bonus under California Government Code Section 65915(b)(1) or (b)(2) will not be counted in determining the required number of Inclusionary Units. In determining the number of whole Inclusionary Units required, any decimal fraction shall be subject to In-Lieu Housing Fees as described in Section 5.03.198.

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(d) TypeofInclusionaryUnits. A maximum of fifteen (15%) of the Inclusionary Units (or maximum percent of the total development) must be restricted to occupancy by Very Low- Income Households. An additional maximum of fifteen percent (15%) of the Inclusionary Units (or maximum 4 percent of the total development) must be restricted to occupancy by Low- Income Households. The remaining maximum of 70% (or maximum 12 percent of the total development) to Moderate Income Households.

(e) Timing of Occupancy. All Inclusionary Units must be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units or development. In phased developments, Inclusionary Units may be constructed and occupied in proportion to the number of units in each phase of the residential development.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16; ORD. 818, 2/14/24]

The requirements of section 5.03.201 do not apply to:

(1) A residential development project to the extent it has received a vested right to proceed pursuant to state law prior to the effective date of this ordinance.

(2) Building permits for residential development projects if compliance with this section for such project has already been satisfied including, but not limited to, building permits on newly created lots where the subdivider has built affordable units or otherwise satisfied this section.

(3) Any dwelling unit or residential development project which is damaged or destroyed by fire or natural catastrophes so long as the use of the reconstructed building and number of dwelling units remains the same, and the square footage of the reconstructed building is not increased or reduced by more than 10%.

(4) Residential Development consisting of four or fewer units.

(5) Public Uses, including, but not limited to parks, playgrounds, and administrative and service facilities.

(6) Child Care Centers, including Family Child Care Homes.

(7) Recreational facilities for public use and enjoyment within commercial or industrial developments.

(8) Cemetery developments of any type.

(9) Housing for residential care facilities and skilled nursing facilities.

(10) Property eligible for the California Property Tax Welfare Exemption in that it is (1) used exclusively for charitable purposes, and (2) owned or held in trust by nonprofit organizations operating for those purposes and that have a current tax exempt letter from the Internal Revenue Service or the Franchise Tax Board.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

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(a) ApplicableStandards. All Inclusionary Units built under this subchapter shall conform to the standards set forth in this section.

(b) Exterior Design. Inclusionary units shall be comparable in number of bedrooms, exterior appearance, infrastructure (including sewer, water and other utilities) and overall quality of construction to market rate units in the same residential project. With the approval of the City Manager, inclusionary units may be smaller in aggregate size and need not contain more than four bedrooms.

(c) Interior Design. Subject to the approval of the City Manager, interior finishes in inclusionary units shall be of similar or equivalent to those in market rate units in the same residential project, so long as they are durable, of good quality and are consistent with contemporary standards for new housing.

(e) Disbursal. Affordable units shall be dispersed throughout the residential project, or, subject to the approval of the City Manager, may be clustered within the residential project when this furthers affordable housing opportunities.

(f) AgreementRequired.Prior to the issuance of certificates of occupancy or approval of the final inspection for affordable units, regulatory agreements, resale restrictions, deed restrictions, deeds of trust and/or other documents, all of which must be acceptable to the City Manager and consistent with the requirements of this Subchapter, shall be recorded against parcels having such affordable units and shall be effective for a minimum of 55 years for owner-occupied units. Agreements involving rental units shall require the owner of the affordable units to ensure that the units are occupied by tenants whose monthly income levels do not exceed those as indicated in the San Mateo County Income Limits table below or the current income levels as amended by the County of San Mateo, as the case may be, and shall preclude tenants from subletting or subleasing the unit. The agreement shall also require the owner of the affordable unit to submit an annual report to the City Manager, in a format approved by the Town. The report shall include, but not be limited to the following information: an identification of the affordable units within the project; the monthly rents charged and proposed to be charged; vacancy information for the prior year; and the monthly income for tenants of each affordable unit throughout the prior year.

Table: San Mateo County Income Limits (2021)

Income Number of Persons Per Household (Maximum Income) Category 1 2 3 4 5 Extremely Low $ 38,400 $ 43,850 $ 49,350 $ 54,800 $ 59,200 Very Low $ 63,950 $ 73,100 $ 82,250 $ 91,350 $ 98,700 Lower Income $102,450 $117,100 $131,750 $146,350 $158,100 Median Income $104,700 $119,700 $134,650 $149,600 $161,550 Moderate Income $125,650 $143,600 $161,550 $179,500 $193,850

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

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(a) A residential development project, or mixed-use development project, subject to this Subchapter may propose to meet the requirements of section 5.03.201 by an alternative equivalent action, subject to the review and approval by the City Council. With regard to for- sale residential development projects or mixed-use development projects including residential for sale units, the developer may propose an alternative equivalent action by submitting at the time of application for a discretionary or building permit, whichever comes first, a description of the proposed alternative equivalent action along with a report identifying:

(1) How the alternative will further affordable housing opportunities in the Town
to an equal or greater extent than compliance with the express requirements of Section
5.03.201, and that an over concentration of affordable housing in one area will not
occur;

(2) All overriding conditions impacting the project that prevent developer from
meeting the requirement to construct the affordable units;

(3) Sufficient independent data, including appropriate financial information, that
supports the developer’s claim that it is not feasible to construct the required
affordable units; and,

(4) A detailed analysis of why the concessions and incentives and the density
bonuses specified in Government Code Section 65915 will not mitigate the identified
overriding conditions that are preventing the construction of the affordable units.

(b) With regard to rental residential projects, or mixed use development projects including rental residential units, a developer may propose an alternative equivalent action by submitting at the time of application for a discretionary planning or building permit, whichever comes first, a description of the proposed alternative equivalent action. An alternative equivalent action may include, but is not limited to:

(1) PaymentofInLieuFee. Please see section 5.03.198.

(2) LandDonation. An applicant may donate land to the Town or to a non-profit
housing developer in place of actual construction of required affordable units. The
dedicated land must be appropriately zoned, buildable, free of toxic substances and
contaminated soils. The fair market value of the donated land shall be equivalent to
the value of the construction and land costs of the required affordable units. The land
that is donated shall include lots that are fully improved with infrastructure, adjacent
utilities, and grading, and fees paid. Land donated for the purpose of constructing
units affordable to very-low income households may be eligible for a density bonus,
as specified in Government Code Section 69515.

(3) Off-site Construction. Inclusionary Units may be constructed off-site if the
Inclusionary Units will be located in an area where, based on the availability of
affordable housing, the City Council finds that the need for such units is greater than
the need in the area of the proposed development.

(4) Combination. The City Council may accept any combination of on-site
construction, off-site construction, in-lieu fees and land dedication that at least equal

March 2026 Page 107 of 170

the cost of providing Inclusionary Units on-site as would otherwise be required by this chapter.

[History: ORD. 639, 1/11/06; Ord 764, 9/28/16]

(a) General. Approval of an Inclusionary Housing Plan and implementation of an approved Inclusionary Housing Agreement is required for any For-Sale Residential development project that includes Inclusionary Units. It is also required for any For-Rent Residential development project that chooses to restrict certain units pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D). It is not required, however, for exempt projects or for projects where the requirements of this subchapter are completely satisfied by payment of a fee under section 5.03.198.

(b) TimeforCompliance. An applicant for any Development required to comply with this Section, shall submit a preliminary plan to the Town detailing how the Development intends to comply with the requirements of this subchapter, at the time of submittal of application materials for a tentative map, parcel map, or any other discretionary permit or entitlement needed for the project. No application for a tentative map, parcel map or building permit to which this Chapter applies may be deemed complete until a preliminary plan is submitted to the Town. The Town shall impose, as a condition of approval, the requirement that the Development seek the approval of an Inclusionary Housing Plan and implementation of an approved Inclusionary Housing Agreement. The Inclusionary Housing Plan shall be required to be submitted, reviewed, and approved prior to final map approval and recordation, or prior to the first building permit issuance, whichever comes first.

(c) Inclusionary Housing Plan. The City Council must approve, conditionally approve or reject the Inclusionary Housing Plan within 60 days of the date of a complete application for that approval. If the Inclusionary Housing Plan is incomplete, the Inclusionary Housing Plan will be returned to the Developer along with a list of the deficiencies or the information required. At any time during the review process, the Town may require from the Developer additional information reasonably necessary to clarify and supplement the application or determine the consistency of the proposed Inclusionary Housing Plan with the requirements of this Chapter. The Inclusionary Housing Plan must include:

(1) The location, structure (attached, semi-attached, or detached), proposed
tenure (for sale or rental), and size of the proposed market-rate, commercial space
and/or Inclusionary Units and the basis for calculating the number of Inclusionary
Units;

(2) A floor or site plan depicting the location of the Inclusionary Units;

(3) The income levels to which each Inclusionary Unit will be made affordable;

(4) The mechanisms that will be used to assure that the units remain affordable
for the desired term, such as resale and rental restrictions, deeds of trust, and rights
of first refusal and other documents;

(5) For phased Development, a phasing plan that provides for the timely
development of the number of Inclusionary Units proportionate to each proposed
phase of development.

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(6) A description of any incentives that are requested of the Town;

(7) Any alternative equivalent actions proposed for the Development along with
information necessary to support the findings required by this Subchapter for approval
of such alternatives;

(8) The sequence in which the different levels of Inclusionary Units shall be built
and occupied, for example, the first Inclusionary Unit may only be occupied by a Very-
Low Income Household, the second Inclusionary Unit by a Low-Income Household,
etc.

(9) Any other information reasonably requested by the Town to assist with
evaluation of the Plan under the standards of this Chapter.

(d) InclusionaryHousingAgreement. The forms of the Inclusionary Housing Agreement, resale and rental restrictions, deeds of trust, rights of first refusal and other documents authorized by this subsection, and any change in the form of any such document which materially alters any policy in the document, must be approved by the City Manager or his or her designee prior to being executed with respect to any Residential Development or Affordable Housing Proposals. The form of the Inclusionary Housing Agreement will vary, depending on the manner in which the provisions of this Chapter are satisfied for a particular development. All Inclusionary Housing Agreements must include, at minimum, the following:

(1) Description of the development, including whether the Inclusionary Units will
be rented or owner-occupied;

(2) The number, size and location of Very Low-, Low- or Moderate-Income Units;

(3) Inclusionary incentives by the Town (if any), including the nature and amount
of any local public funding;

(4) Provisions and/or documents for resale restrictions, deeds of trust, rights of
first refusal or rental restrictions;

(5) Provisions for monitoring the ongoing affordability of the units, and the process
for qualifying prospective resident Households for income eligibility; and any additional
obligations relevant to the compliance with this Chapter.

(e) RecordingofAgreement.Inclusionary Housing Agreements that are acceptable to the City Manager must be recorded against owner-occupied Inclusionary Units and Residential development projects that choose to restrict certain units pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D). Additional rental or resale restrictions, deeds of trust, rights of first refusal and/or other documents acceptable to the City Manager must also be recorded against owner-occupied Inclusionary Units. In cases where the requirements of this Chapter are satisfied through the development of Off-Site Units, the Inclusionary Housing Agreement must simultaneously be recorded against the property where the Off-Site Units are to be developed.

(g) AnnualMonitoringandTransferFees.

(1) For each rental unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D), the then current owner may be required to pay an

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annual monitoring fee for the term of required affordability. Such fee shall be specified in the regulatory agreement(s) required hereunder.

(2) For each owner-occupied inclusionary unit provided under this section, the then
current owner may be required to pay a transfer fee for any change of ownership
during the term of required affordability. Such fee shall be specified in the Inclusionary
Housing Agreement required hereunder.

(h) RequirementsforCertificateofOccupancy/FinalInspection.

(1) No temporary or permanent certificate of occupancy shall be issued or final
inspection approval for any dwelling unit in an R-residential development project until
the developer has satisfactorily completed the requirements hereunder, i.e., on-site
construction of affordable units, alternative equivalent action(s), or payment of the
housing in-lieu fee.

(2) No temporary or permanent certificate of occupancy shall be issued or final
inspection approved for a dwelling unit described as exempt from the requirements of
this Subchapter in section 5.03.201 above until the developer has made a showing
acceptable to the City Manager that such an exemption is appropriate.

[History: ORD. 639, 1/11/06; Ord 738, 1/14/15; Ord 764, 9/28/16]

(a) General Eligibility. No Household may occupy an Inclusionary Unit, or rent a unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D), unless the City Manager has approved the Household’s eligibility, or has failed to make a determination of eligibility within the time or other limits provided by an Inclusionary Housing Agreement or resale restriction. If the Town or its designee maintains a list or identifies eligible Households, initial and subsequent occupants will be selected first from the list of identified Households, to the maximum extent possible, in accordance with any rules approved by the City Manager. If the Town has failed to identify a Household as an eligible buyer for the initial sale of an Inclusionary Unit that is intended for owner-occupancy 90 days after the unit receives a completed final inspection for occupancy, upon 90 additional days’ notice to the Town and on satisfaction of such further conditions as may be included in Town-approved restrictions (which may include a further opportunity to identify an eligible buyer), the owner may sell the unit at a market price, and the unit will not be subject to any requirement of this Subchapter thereafter.

(b) ConflictofInterest. The following individuals are ineligible to purchase an Inclusionary Unit, or rent a unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D): (i) Town employees and officials (and their immediate family members) who have policy-making authority or influence regarding Town housing programs and do not qualify as having a remote interest as provided by California Government Code Section 1091; (ii) the Project Applicant and its officers and employees (and their immediate family members); and (iii) the Project Owner and its officers and employees (and their immediate family members).

(c) Occupancy. Any Household who purchases an Inclusionary Unit, or rents a unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D), must occupy that unit as a principal residence.

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[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

(a) InitialSalesPrice. The initial sales price of the Inclusionary Unit must be set so that the eligible Household will pay an Affordable Sales Price.

(b) Transfer.Renewed restrictions will be entered into on each change of ownership, with a 45-year renewal term, upon transfer of an owner-occupied Inclusionary Unit prior to the expiration of the 45-year affordability period.

(c) Resale. The maximum sales price permitted on resale of an Inclusionary Unit designated for owner-occupancy shall be the lower of: (1) fair market value or (2) the seller’s lawful purchase price, increased by the lesser of (i) the rate of increase of Area Median Income during the seller’s ownership or (ii) the rate at which the consumer price index increased during the seller’s ownership. To the extent authorized in any resale restrictions or operative Inclusionary Housing Agreement, sellers may recover at time of sale the market value of capital improvements made by the seller and the seller’s necessary and usual costs of sale, and may authorize an increase in the maximum allowable sales price to achieve such recovery.

(d) Changes in Title. Title in the Inclusionary Unit may change due to changes in circumstance, including death, marriage and divorce. Except as otherwise provided by this Subsection, if a change in title is occasioned by events that changes the financial situation of the Household so that it is no longer income-eligible, then the property must be sold to an income-eligible Household within 180 days. Upon the death of one of the owners, title in the property may transfer to the surviving joint tenant without respect to the income-eligibility of the Household. Upon the death of a sole owner or all owners and inheritance of the Inclusionary Unit by a non-income-eligible child or stepchild of one or more owners, there will be a one year compassion period between the time when the estate is settled and the time when the property must be sold to an income-eligible Household. Inheritance of an Inclusionary Unit by any other person whose Household is not income-eligible shall require resale of the unit to an income-eligible Household as soon as is feasible but not more than 180 days.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

(a) Rental Requirement. Rental units restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D) shall be offered to Households consistent with the applicable restriction provided for in subsection (A) through (D) in Government Code Section 65915(b)(1). The owner of such units shall certify each tenant Household’s income to the Town or Town’s designee at the time of initial rental and annually thereafter. The owner must obtain and review documents that demonstrate the prospective renter’s total income, such as income tax returns or W-2s for the previous calendar year, and submit such information on a form approved by the Town.

(b) Selection of Tenants. The owners of rental units restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D) may fill vacant units by selecting income-eligible Households from the Section 8 Housing Choice Voucher Waiting List maintained by the Town or Town’s designee. Alternatively, owners may fill vacant units through their own selection process, provided that they publish notices of the availability of

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the rental units according to guidelines established by the City Manager.

(c) AnnualReport. The owner shall submit an annual report summarizing the occupancy of each rental unit for the year, demonstrating the continuing income-eligibility of the tenant. The City Manager may require additional information if he or she deems it necessary.

(d) SubsequentRentaltoIncome-EligibleTenant. The owner shall apply the same rental terms and conditions to tenants of rental units restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D) as are applied to all other tenants, except as required to comply with this Subchapter (for example, rent levels, occupancy restrictions and income requirements) or with other applicable government subsidy programs. Discrimination against persons receiving housing assistance is prohibited.

(e) Changes in Tenant Income. If, after moving into an Inclusionary Unit, a tenant’s Household income exceeds the limit for that unit, the tenant Household may remain in the unit as long as his or her Household income does not exceed 140 percent of the income limit. Once the tenant’s income exceeds 140 percent of the income limit, the following shall apply:

(1) If the tenant’s income does not exceed the income limits of other Inclusionary
Units in the Residential Development, the owner may, at the owner’s option, allow the
tenant to remain in the original unit and re-designate the unit as affordable to
Households of a higher income level, as long as the next vacant unit is re-designated
for the income category previously applicable to the tenant’s Household. Otherwise,
the tenant shall be given one year’s notice to vacate the unit. If during the year,
another rental unit becomes available and the tenant meets the income eligibility for
that unit, the owner shall allow the tenant to apply for that unit.

(2) If there are no units designated for a higher income category within the
Development that may be substituted for the original unit, the tenant shall be given
one year’s notice to vacate the unit. If within that year, another unit in the Residential
Development is vacated, the owner may, at the owner’s option, allow the tenant to
remain in the original unit and raise the tenant’s rent to market-rate and restrict the
newly vacated unit as affordable at the income-level previously applicable to the unit
converted to market rate. The newly vacated unit must be comparable in size (for
example, number of bedrooms, bathrooms, square footage, etc.) as the original unit.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]